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I had a five month absense from the UK for work- was doing a project in Australia. I was being paid in the UK for that period and my employer gave me a letter saying that they had to send me to Australia for business reasons. I had indicated this absense in my ILR application (the Home ofice would have known it anyhow since my passport had an Australian work permit on it). Did not have any problems with my ILR.missis wrote:I had some health problems in the UK which used to disappear in my trips to India. I went back to India hoping that they would get sorted. During this period I was working for my company as a contractor. I was re-employed by my company when I came back to the UK. I am concerned about the home office knowing this because a maximum of 3 months absence is acceptable for ILR. I dont think I can get a proof for my medical reasons.
Any absences of more than 3 months consecutively from the UK must be declared - such does not necessarily impact on your eligibity for ILR pursuant to this being due to bonafide employment/ business or other compelling grounds including terminal illness or bereavment. You and/or your employer as appropriate must detail said events in writing so your lack of proof is bad news. Its always best to be honest with any immigration application - the Home Office have your entry records on file so they can always investigate matters further if there are any discrepancies. By the way you can be stripped of ILR with subsequent deportation if you acquired it through misrepresentation of a material fact - only you can decide if its worth the risk to do such.missis wrote:I had some health problems in the UK which used to disappear in my trips to India. I went back to India hoping that they would get sorted. During this period I was working for my company as a contractor. I was re-employed by my company when I came back to the UK. I am concerned about the home office knowing this because a maximum of 3 months absence is acceptable for ILR. I dont think I can get a proof for my medical reasons.
So were you between work permits during your absence? It may be the ILR clock re-set to zero upon your departure so the issue of an imminent application is moot.missis wrote:But I was contracting for my employer in India and was not actually employed by them during my stay in India. I guess that would be a problem then?
Home office have records of arrival definitely and I am told that they can get departure records from airline data if they want. Whether they will go through all that headache for an ILR application is another thing.missis wrote:Thanks for your reply. I was not between work permits. I went back to India and my employment terminated and I signed another contract with the same company to work as a contractor for them from India. After being in India for 8 months I asked the same company if could join them again and they agreed. My work permit was still valid so I just came back to the UK.
A friend of mine recently applied for ILR and he was absent from UK for 6 months because his company here had sent him to India and his ILR was rejected although he had a letter from his employer stating that they had sent him to India.
Do home office have our departure records?
1. A WP and any visa thereof is no longer valid when your employment is terminated.missis wrote:Thanks for your reply. I was not between work permits. I went back to India and my employment terminated and I signed another contract with the same company to work as a contractor for them from India
See response above - no your WP was not valid and should not have been used for re-entry into the UK. In effect you are an illegal entrant by misrepresentation of a material fact to gain leave to enter the UK. Pursuant to this you are not able to apply for any further leave to remain under the immigration rules and are liable to removal proceedings.missis wrote:After being in India for 8 months I asked the same company if could join them again and they agreed. My work permit was still valid so I just came back to the UK.
I can't really comment in detail on this as I don't know all the facts of the application - however it appears that the absence was deemed by the Home Office to constitute a break in the time period for settlement.missis wrote:A friend of mine recently applied for ILR and he was absent from UK for 6 months because his company here had sent him to India and his ILR was rejected although he had a letter from his employer stating that they had sent him to India.
missis wrote:Do home office have our departure records?