Getting ILR - 466 days absence from the UK

Hello,

I first came to UK in 2004 on a 5 year work permit, but I left in mid 2005 as the company I was working for went insolvent. I then went back to India. I took a job in India after reaching there.

I then came back to the UK on a different UK work permit (again valid for 5 years) in Fall 2006.

In total I was absent for 466 days from the UK between 2005 and 2006.

Apart from this I have been out of the UK on holidays for around 25 days in 2004-2005 and again for around 25 days in total between 2006-2007-2008.

However, I recently noticed this on UKBA website:

There is discretion to allow absences above the normal limits. For details of how we apply discretion, you should read the page on discretion when considering absences from the United Kingdom during the residential qualifying period.

We will disregard absences of up to 540 days only if you meet all the other requirements and have established your home, family and a large part of your estate here. We would also expect that:

If you have been absent for more than 540 days, you should contact us in writing before you make your application. It is unlikely we will disregard these absences and your application would therefore be unsuccessful. When you write to us, you should provide the dates and reasons for your absence from the United Kingdom and evidence of your connections with the United Kingdom.

Is there any chnace of getting ILR if I apply this year (five years after I first entered the UK). OR when i complete a total duration of five years including my period spent in the UK in 2004-05.

A whoooping 466 ! This is the highest figure I have ever heard. I think the case worker will collapse on seeing such a huge absence in your application.

munisa wrote:A whoooping 466 ! This is the highest figure I have ever heard. I think the case worker will collapse on seeing such a huge absence in your application. But there is hope .... and light at the end of the turnel.

A slight contradictory statement.


466 is an awfuly long time. You will need to provide good evidence for why you were not in the UK for so long and also that you have now got a home and ties here. As long as you are able to explian youself and provide evidence then it is definetly worth doing, but I would expect a refusal so that if it does happen you're not too shocked but if it gets approved then you can be REALLY happy

Thanks for all your responses.

Will it be worth going to an immigration lawyer and asking him/her to prepare my application.

Actually, I received a job offer from the UK on the 342nd day of my absence from the UK. But, the work permit approval took three months as home office officials misplaced some of my documents which I had sent over from India.

I could have come earlier, but owning to the circumstances which were out of my control, the total absence from the UK stretched to 466 days.

All through this time I was aware that I am losing precious time and this will give me problems later on.

Need a tier 1,
In my humble opion you don't stand a snow balls chance in hell in get ILR with that numeber, 466 day outside the UK.
You really need to wait another year before applying and as for a solicitor helping you now that would be like burning £20 notes.

Thanks for your response.

If I wait another year, will that increase my chances to get the ILR approved.

I entered the UK in Oct 2006 on the second work permit, If I do not count my previous stay in the UK (in 2004-05), I will have to apply for the ILR at the end of five years starting from Oct 2006 which is Oct 2011 as per the present rules.


This is why I need to know that if I apply anytime before Oct 2011 (say Oct 2010), will my application be considered.

I am looking to save 2 years, but if I can save 1 I would be VERY HAPPY.

You need to consider as well if:
-you visited UK intermittently within those 466 days
-you were still under employment while out of UK by a UK employer
-you had a valied continuos leave to remain in UK during those days

If the answers are NO. Then aply for TIER 1 and wait till 2011 for ILR

munisa wrote:oops

??

Your ILR clock was reset when you came here from India on a new WP (EC). So you can apply only in fall 2011, provided the rules remain the same during that time.

munisa wrote:You need to consider as well if:
-you visited UK intermittently within those 466 days
-you were still under employment while out of UK by a UK employer
-you had a valied continuos leave to remain in UK during those days

If the answers are NO. Then aply for TIER 1 and wait till 2011 for ILR

Sadly, the answers to the above are NO. Looks like there is no way out and I have lost the period I spent in the UK in 2004-05.

Yep, I have a Tier-1 Visa now. Got the tier-1 after spending 2 years on the second work permit - Oct 2008.

I hope the ILR 5 year counter doesn't restart after switching to Tier-1, otherwise I will be eligible for ILR only in 2013.

Thanks very much for your response.

SKUK wrote:provided the rules remain the same during that time.

Or the ILR JR win their case againt the Home office.

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