ILR continuous residency requirement

Hi Friends,

I wanted some guidance on residency requirements for applying for ILR. Let me explain my situation.

I had got intial 1-year HSMP visa with issue date of NOV-2005 (so will come under HSMP with Judicial Review) and then got 3-year extension till NOV-2010.

I came to UK in MAR-2006 and went to USA in DEC-2007 and finally came back to UK in OCT-2008 after which I have been here only in UK. So basically, 321 total days or 222 non bank/weekend days out of UK , all at one time.

I had to go to USA as I lost client for whom I was providing IT services and I had previous contacts in US and was able to immediately get job there. Also I wanted to maintain the economically viable status and be out of uk and able to pay medical bills rather then be unviable without job but be in country. I was planning to come back in a few months once but my mum was diagonized with a terminal disease and finally passed away in SEP-2008, so I was with her in India.

My 4 years duration under HSMP with Judicial Review category completes in MAR-2010 and I want to apply for ILR.
However, for my situation what do you guys suggest and do I need to put it for exception situation for consideration or is 222 out days fine? Or maybe can I just mention USA work as a business trip ?
I have been working full time in USA with salary above the required levels of HSMP and have all the US dollar payslips etc as proof.

My wife has still less amount of time in UK then me as she was caring for my mum in India. Will that also have effect on my application? As far as I think, it should not, as I am the primary applicant.

And also would it be better to apply in person or by post for my case ?

Please advise.
Thanks very much.
Sam

Sam,

One of the requirements of ILR is - <180 days absence from UK and a max of 90 days within one year. Based on the info provided by you, you don't seem to fulfil that criteria. I have read on this forum that in exceptional (genuine) cases, they can relax this absence criteria a bit but mixture of busines/personal reason, I doubt would fall in that criteria. Experts can shed more light on this though have you tried to consult an immig lawyer?

i agree with Hert. your absences of 321days might prove to be a problem, especially if you take into account that it was in one stretch. I think it will be taken as at that time you were not making the UK you main home. I am not sure if the fact that you were working in the US at the time actually helps or hinders your case.

The other thing, there has been debates on this about whether weekends/banks holidays are excluded and i at the moment i personally am yet to be convinced. I think though in your case it might not make a difference

I have been working full time in USA with salary above the required levels of HSMP and have all the US dollar payslips etc as proof.

And this is another crucial issue in your case, besides the long absences. You need to produce P60s for the last 4/5 years, and it doesn't help if you have US payslips. In fact, it may hinder your case!

Or are you saying you were still being paid in the UK but in USD?

One of the requirements of ILR is - <180 days absence from UK and a max of 90 days within one year.

Hi Hert,
I think I have raised this question before and it was concluded in discussion that there is no mention of max 90 days absent in one year rather it says one stretch or at a time. So, could you please comment that you mention it thinking that Sam case is any way not affected by either saying max 90 days absent at a time or in a year.
PC

hert,
for me, i felt it was an exceptional as well as genuine case. But, i am not sure what the HMO considers as exceptional. I strongly felt getting a job immediately would help me to be economically viable and more importantly pay medical bills at that time. if i can get some info about some exception cases, that would definitely help.

f2k,
i think i can try to explain (argue ) to them that before coming to UK, i was in US for several years and willingly moved to UK. then, due to job circumstances i was called to USA on project. as soon as possible after that i came back to UK. i can mention that besides that time of my life, i did not go out of UK for a single day and neither took holiday so as to satisfy the residency requirements.

global gypsy,
I was paid payslips in USD in the USA. i can try to explain them that since i am in a IT consulting business, we are often required to be on site and at whims and mercy of client, especially in terms of payment method.


i understand my case is highly subjective, but i am just trying to get the best method of presenting my situation to HMO from all you knowledgeable folk.

also, please advise to the following :

"My wife has still less amount of time in UK then me as she was caring for my mum in India. Will that also have effect on my application? As far as I think, it should not, as I am the primary applicant. Is that so ?

And also would it be better to apply in person or by post for my case ? "


Thanks,
Sam

TRY TO BRING USA earing as yr business profit for UK business for that yr and then argue yr case u may have some chance but keep all business earnings and other documents ready

Question how soon after you got your second approval did you leave for the US?

I take it you were working as a contractor. Was the company registered here and paying taxes here?

with regards your wife. If you get approval she too will get approval. Her issue will be at naturalisation but the absence allocation is more generous at that stage.

Sushil-ACCA,
I was an employee of US company so I don't think I can now file as a business.

f2k,
I got 2nd approval in Aug-2007 and went to USA in Dec-2007.
I was an employee there and company was registered and paid taxes in USA.

i realize my chances are getting slimmer.....

I think for you it is 20 yrs now

I have posted my application on the 14th of September 2009. It was a 10 years long residency ILR application and I still have not heart from them yet.
When you call the Home Office enquiry line, it says that they won't answer any enquiry if the application was posted less then 14 weeks ago

taylondon wrote:I have posted my application on the 14th of September 2009. It was a 10 years long residency ILR application and I still have not heart from them yet.
When you call the Home Office enquiry line, it says that they won't answer any enquiry if the application was posted less then 14 weeks ago

August 10th 2009 and I am still waiting to hear back, based on 10 yrs continuous residence. So i guess we just have to excercise patience. I have been waiting 12.5wks now. I havent bothered to call, cos their website states dont call unless 14wks has elasped. So I'ma save my money and time for now and call them @ a much later Date and hopefully they will have some useful feedback for me.