Will I get an ILR ? -- I got it now :)

FENMAN · Post by **FENMAN** » Mon Sep 14, 2009 4:14 pm

Hi,

I am on a continuous Work-permit and completeing 5 years in UK very soon. But I was out of UK for 4months in the past, viz:

1. In 2007, I have been to India on a holiday for a month. But, I continued to be on UK payroll during this month.
2. After that, I went to Singapore from India for one month. I was on India payroll during this month.
3. After that, I stayed in India for 2 months and came back to UK . I was on India Payroll for those 2 months

Note: My overall stay outside UK little over than 180 days.

Will UKBA ignore my initial one month of holiday, because I was on UK paid leave? Do you think that I can qualify for ILR?

Please share your thoughts

Thanks in advance!

HSMP2008_JANUARY · Post by **HSMP2008_JANUARY** » Mon Sep 14, 2009 7:20 pm

If you are not outside of UK continuously for more than 3 months then it should be fine.

djb123 · Post by **djb123** » Mon Sep 14, 2009 7:33 pm

HSMP2008_JANUARY wrote:If you are not outside of UK continuously for more than 3 months then it should be fine.

Hasn't the OP said he was outside of the UK for 4 months continuously?

global gypsy · Post by **global gypsy** » Mon Sep 14, 2009 8:15 pm

Hasn't the OP said he was outside of the UK for 4 months continuously?

No. As per the info provided, the gaps are: 1 month + 1 month + 2 months - so should be ok.

Fenman - your problem may not be absences as such. You mention you were on a Work Permit but on India payroll during two of your overseas trips. If you can produce documentation (e.g. P60, letter from employer, etc) that can convince the caseworker about your continuous employment status in the UK, then you should be ok.

Make sure you don't focus on the fact that you were on non-UK payroll during the past 5 years if you want to have a successful outcome!

All the best.

djb123 · Post by **djb123** » Mon Sep 14, 2009 8:40 pm

global gypsy wrote:
Hasn't the OP said he was outside of the UK for 4 months continuously?
No. As per the info provided, the gaps are: 1 month + 1 month + 2 months - so should be ok.

I think you need to re-read the original message. The OP states that he stayed in India for a month, then flew from India to Singapore. The way I read it is that he then flew from Singapore back to India, then finally returned to the UK after 4 months away. Hence why he is asking if the first month he spent outside of the UK counts because he was still employed by a UK company.

Maybe the OP can confirm?

global gypsy · Post by **global gypsy** » Mon Sep 14, 2009 9:30 pm

djb123 - you are correct. The OP does mention he "went to Singapore from India for one month". It seems overall he was away from the UK for 4 continuous months.

Hmm, this could make it that much more difficult with ILR application.

Salina · Post by **Salina** » Tue Sep 15, 2009 2:19 pm

But still we can consider the weeknds, bank holidays and exit n entry dates on passport which will bring u nearer to 3 months

global gypsy · Post by **global gypsy** » Tue Sep 15, 2009 3:02 pm

Salina wrote:But still we can consider the weeknds, bank holidays and exit n entry dates on passport which will bring u nearer to 3 months

Good point. Using a rough calculation of working days in a month = 2/3 of total no of days (e.g. you have approx 20 working days in a typical month), 4 months elapsed translates to 4 times 2/3 = 2.7 months of working days.

So maybe there's hope after all!

nksg · Post by **nksg** » Tue Sep 15, 2009 3:06 pm

For ILR if your stay out of the country exceeds more than 90 days in a stretch or 180 days in total for the porposes of employement/business, you can still apply for ILR. All you need is letter from the company and proof of income in UK during that period. P60 should fit the bill.

FENMAN wrote:Hi,

I am on a continuous Work-permit and completeing 5 years in UK very soon. But I was out of UK for 4months in the past, viz:

1. In 2007, I have been to India on a holiday for a month. But, I continued to be on UK payroll during this month.
2. After that, I went to Singapore from India for one month. I was on India payroll during this month.
3. After that, I stayed in India for 2 months and came back to UK . I was on India Payroll for those 2 months

Note: My overall stay outside UK is less than 180 days.

Will UKBA ignore my initial one month of holiday, because I was on UK paid leave? Do you think that I can qualify for ILR?

Please share your thoughts

Thanks in advance!

nksg · Post by **nksg** » Tue Sep 15, 2009 3:08 pm

dont think that calculation works.. 90 days are inclusive of bank holidays and weekends...

global gypsy wrote:
Salina wrote:But still we can consider the weeknds, bank holidays and exit n entry dates on passport which will bring u nearer to 3 months
Good point. Using a rough calculation of working days in a month = 2/3 of total no of days (e.g. you have approx 20 working days in a typical month), 4 months elapsed translates to 4 times 2/3 = 2.7 months of working days.

So maybe there's hope after all!

Salina · Post by **Salina** » Wed Sep 16, 2009 11:03 am

nksg wrote:dont think that calculation works.. 90 days are inclusive of bank holidays and weekends...

global gypsy wrote:
Salina wrote:But still we can consider the weeknds, bank holidays and exit n entry dates on passport which will bring u nearer to 3 months
Good point. Using a rough calculation of working days in a month = 2/3 of total no of days (e.g. you have approx 20 working days in a typical month), 4 months elapsed translates to 4 times 2/3 = 2.7 months of working days.

So maybe there's hope after all!

Do u have any proof to support your statement, bcs i am sure there was a lot discussion on this topic n everyone was sure that weeknds n bank holidays were exempted.

nksg · Post by **nksg** » Wed Sep 16, 2009 12:35 pm

Hi Salina,

do you have any proof of what you just claimed.. ?

I was eligible for ILR in May 2009 but since i was out of country for 93 days in 2005 (Resigned from UK employer to Join and Indian S/W house) i have to wait for 6 more months for my ILR. I have already spoken to HO on this and the answer was to wait.. if you have the evidance (as you claim) please post it on the forum.

Salina wrote:
nksg wrote:dont think that calculation works.. 90 days are inclusive of bank holidays and weekends...

global gypsy wrote:
Salina wrote:But still we can consider the weeknds, bank holidays and exit n entry dates on passport which will bring u nearer to 3 months
Good point. Using a rough calculation of working days in a month = 2/3 of total no of days (e.g. you have approx 20 working days in a typical month), 4 months elapsed translates to 4 times 2/3 = 2.7 months of working days.

So maybe there's hope after all!
Do u have any proof to support your statement, bcs i am sure there was a lot discussion on this topic n everyone was sure that weeknds n bank holidays were exempted.

f2k · Post by **f2k** » Wed Sep 16, 2009 3:54 pm

Salina wrote:
nksg wrote:dont think that calculation works.. 90 days are inclusive of bank holidays and weekends...

global gypsy wrote:
Salina wrote:But still we can consider the weeknds, bank holidays and exit n entry dates on passport which will bring u nearer to 3 months
Good point. Using a rough calculation of working days in a month = 2/3 of total no of days (e.g. you have approx 20 working days in a typical month), 4 months elapsed translates to 4 times 2/3 = 2.7 months of working days.

So maybe there's hope after all!
Do u have any proof to support your statement, bcs i am sure there was a lot discussion on this topic n everyone was sure that weeknds n bank holidays were exempted.

I think what you need is proof to support the claim that weekends and bank holidays are EXCLUDED not the other way round, i remember it was discussed on this forum and opinion was somewhat divided.
As pointed out the problem might actually be the whole 'Indian Payroll' while on 'holiday'

FENMAN · Post by **FENMAN** » Thu Sep 24, 2009 11:33 am

In a nutshell:

I am outside UK, for more than 4 months in a single stretch, and my over all stay outside UK is 7 days more than 180 limit.

Hi nksg - In contrast with your case, Do you suggest me to wait for couple of months and then apply for ILR ?

nksg wrote:Hi Salina,

do you have any proof of what you just claimed.. ?

I was eligible for ILR in May 2009 but since i was out of country for 93 days in 2005 (Resigned from UK employer to Join and Indian S/W house) i have to wait for 6 more months for my ILR. I have already spoken to HO on this and the answer was to wait.. if you have the evidance (as you claim) please post it on the forum.

Salina wrote:
nksg wrote:dont think that calculation works.. 90 days are inclusive of bank holidays and weekends...

global gypsy wrote: Good point. Using a rough calculation of working days in a month = 2/3 of total no of days (e.g. you have approx 20 working days in a typical month), 4 months elapsed translates to 4 times 2/3 = 2.7 months of working days.

So maybe there's hope after all!
Do u have any proof to support your statement, bcs i am sure there was a lot discussion on this topic n everyone was sure that weeknds n bank holidays were exempted.

ashishashah · Post by **ashishashah** » Thu Sep 24, 2009 12:23 pm

Why wait?To cover the gaps?

I thought that the ILR counter "reset".and you need to start your journey of 5 years all over again..

So e.g. if you are away for say 6 months in 4th year of your stay in UK,
a)can you wait for 5.5 years to aply for ILR?
Or
b)Restart your conter when u return to UK and start 5 years again?

FENMAN · Post by **FENMAN** » Fri Sep 25, 2009 8:53 am

Please read this, borrowed this from other post:
http://www.ahooi.co.uk/post/45958347/ho ... ide-the-uk

nksg wrote:Hi Salina,

do you have any proof of what you just claimed.. ?

I was eligible for ILR in May 2009 but since i was out of country for 93 days in 2005 (Resigned from UK employer to Join and Indian S/W house) i have to wait for 6 more months for my ILR. I have already spoken to HO on this and the answer was to wait.. if you have the evidance (as you claim) please post it on the forum.

Salina wrote:
nksg wrote:dont think that calculation works.. 90 days are inclusive of bank holidays and weekends...

global gypsy wrote: Good point. Using a rough calculation of working days in a month = 2/3 of total no of days (e.g. you have approx 20 working days in a typical month), 4 months elapsed translates to 4 times 2/3 = 2.7 months of working days.

So maybe there's hope after all!
Do u have any proof to support your statement, bcs i am sure there was a lot discussion on this topic n everyone was sure that weeknds n bank holidays were exempted.

ashishashah · Post by **ashishashah** » Fri Sep 25, 2009 9:17 am

Thanks ..This is the TOTAL no. of days outside UK.

Do you know what is the limit on days taken at one time?I think the cap was 90 days at a strecth?Is is true/still same?

FENMAN · Post by **FENMAN** » Fri Sep 25, 2009 9:37 am

ashishashah wrote:Thanks ..This is the TOTAL no. of days outside UK.

Do you know what is the limit on days taken at one time?I think the cap was 90 days at a strecth?Is is true/still same?

I spoke to PEO today and they say that Public/bank holidays are excluded in 90 days but I am still confused as they aren't very confident in saying that

pahini · Post by **pahini** » Fri Sep 25, 2009 6:52 pm

The provision is no single visit outside uk is more than 90 days,

provided....

the visit outside u k is on compassionate leave ground basis, than will be considered in favour of applicant...

my friend was out of uk for 190 days at a stretch but still allowed ilr on the basis of paper work submitted from company that he is on payroll during that period.

hope this helps

ash20 · Post by **ash20** » Sat Sep 26, 2009 11:07 am

FENMAN wrote:
ashishashah wrote:Thanks ..This is the TOTAL no. of days outside UK.

Do you know what is the limit on days taken at one time?I think the cap was 90 days at a strecth?Is is true/still same?

I spoke to PEO today and they say that Public/bank holidays are excluded in 90 days but I am still confused as they aren't very confident in saying that

Fenman i was away for 103 days including weekends and public weekends. I excluded weekends and holidays which came down to 78 . I went in person and case worker didnt ask a question .. overall i was 120 days. Exlcude the weekends to make it under 180 days. It is acceptable. Good luck

fahadz1 · Post by **fahadz1** » Tue Sep 29, 2009 12:02 am

pahini wrote:The provision is no single visit outside uk is more than 90 days,

provided....

the visit outside u k is on compassionate leave ground basis, than will be considered in favour of applicant...

my friend was out of uk for 190 days at a stretch but still allowed ilr on the basis of paper work submitted from company that he is on payroll during that period.

hope this helps

what docs ur friend has provided to cover 190 days stretch ? can you explain please ?
what will happen if more than 90 days a person is put of UK or more than 180 days in 5 years periord because i am lookingforward to do some professional course in my home country nearly it will take 4-5 months....

fahadz1 · Post by **fahadz1** » Tue Sep 29, 2009 12:04 am

ash20 wrote:
FENMAN wrote:
ashishashah wrote:Thanks ..This is the TOTAL no. of days outside UK.

Do you know what is the limit on days taken at one time?I think the cap was 90 days at a strecth?Is is true/still same?

I spoke to PEO today and they say that Public/bank holidays are excluded in 90 days but I am still confused as they aren't very confident in saying that
Fenman i was away for 103 days including weekends and public weekends. I excluded weekends and holidays which came down to 78 . I went in person and case worker didnt ask a question .. overall i was 120 days. Exlcude the weekends to make it under 180 days. It is acceptable. Good luck

is your 78 days in one go ?? i mean in one stretch ???

ash20 · Post by **ash20** » Wed Sep 30, 2009 8:23 am

Yes it was a single trip ( One stretch)

fahadz1 · Post by **fahadz1** » Wed Sep 30, 2009 1:48 pm

ash20 wrote:Yes it was a single trip ( One stretch)

so r u sure bank holidays and weekends are excluded in 90 day rule ?

any reference website where it is clearly define ?

ash20 · Post by **ash20** » Thu Oct 01, 2009 7:51 am

fahadz1 wrote:
ash20 wrote:Yes it was a single trip ( One stretch)
so r u sure bank holidays and weekends are excluded in 90 day rule ?

any reference website where it is clearly define ?

there is no rule as such. I have seen cases where if bank holidays and weekends are excluded to make it under 90 . How many days you were away?. You can get away with it if you exclude weekends.

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