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Need help - ILR Eligibility for me and dependant Enquiry !

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rajesh1319
Newbie
Posts: 36
Joined: Sat Mar 29, 2008 9:28 pm

Need help - ILR Eligibility for me and dependant Enquiry !

Post by rajesh1319 » Wed Apr 14, 2010 11:06 am

Information: I came to UK on 25th April 2004 with 6 month work permit and returned back to home country on 11th Nov 2004.
Before returning back my company extended my WP for 1 year till 25th Oct 2005. (Absence of 244 days - No tax and NI were paid from 11th Nov 2004 - 13th July 2005)

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For ILR consideration, start date is 13th July 2005
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Again I came to UK on 13th July 2005 and left UK on 17th Nov 2005 (Absence of 78 days – no salary was paid to me during absence however company can provide me letter for business purpose)

I have returned back to UK on 9th Feb 2006 and after that till date working in UK for the same company.

Meanwhile I have transferred my Work Permit into Tier 1 visa in May 2008.

From 13th July 2005 to till date, I was away from this country in total 190 days including 78 days leaves (unpaid business purpose) which I took in 2005. All other leaves were paid leaves and mostly annual leaves.

Query 1: Am I eligible to apply for ILR on 15th June 2010 (as my total absence was 190 days)?

Information: My wife joined me in June 2006 as WP dependant and stayed here till May 2008. (I.e. 1 year 11 months).

She went to India and stayed there for 7 months from May 2008 to Dec 2008 (Maternity Reason).

She came back to UK in Dec 2008 and since then she is living here as my dependant (Tier 1)

Query 2: Can I include her in Set (O) form as my dependant? OR Do I need to wait for her ILR till Dec 2010?

Query 3: Do I need to take my family along with me to PEO office? OR Is only main applicant sufficient to be present in PEO office along with dependant’s authorisation letter?

Query 4: How many days before applying we need to give ‘Life in UK’ test?


I request all senior members to kindly comment on above situation.

Thanks
Rajesh

diago_nelson
Member
Posts: 118
Joined: Sun Jan 17, 2010 10:07 pm
Location: London

Re: Need help - ILR Eligibility for me and dependant Enquiry

Post by diago_nelson » Wed Apr 14, 2010 10:15 pm

1. I can not understand a business trip taken but not paid by the company. Were you paid salary in your home country during this time ?

2. Include your wife in your SET O application. If required, provide explanation of your wife's absence for maternity reasons.

3. No need to take your wife with you. Just take the letter and passport, etc. And remember your wife should be in UK when you apply for ILR. (seems obvious but they check & ask this point)

4. Give the test now so that incase of failure, you have time to give it again. Also getting exam time slots might be difficult. So jump over this hurdle as fast as you can. Once you pass the test, you can book your appt.
rajesh1319 wrote:Information: I came to UK on 25th April 2004 with 6 month work permit and returned back to home country on 11th Nov 2004.
Before returning back my company extended my WP for 1 year till 25th Oct 2005. (Absence of 244 days - No tax and NI were paid from 11th Nov 2004 - 13th July 2005)

------------------------------------------------------------------------------------------------------
For ILR consideration, start date is 13th July 2005
-----------------------------------------------------------------------------------------------------

Again I came to UK on 13th July 2005 and left UK on 17th Nov 2005 (Absence of 78 days – no salary was paid to me during absence however company can provide me letter for business purpose)

I have returned back to UK on 9th Feb 2006 and after that till date working in UK for the same company.

Meanwhile I have transferred my Work Permit into Tier 1 visa in May 2008.

From 13th July 2005 to till date, I was away from this country in total 190 days including 78 days leaves (unpaid business purpose) which I took in 2005. All other leaves were paid leaves and mostly annual leaves.

Query 1: Am I eligible to apply for ILR on 15th June 2010 (as my total absence was 190 days)?

Information: My wife joined me in June 2006 as WP dependant and stayed here till May 2008. (I.e. 1 year 11 months).

She went to India and stayed there for 7 months from May 2008 to Dec 2008 (Maternity Reason).

She came back to UK in Dec 2008 and since then she is living here as my dependant (Tier 1)

Query 2: Can I include her in Set (O) form as my dependant? OR Do I need to wait for her ILR till Dec 2010?

Query 3: Do I need to take my family along with me to PEO office? OR Is only main applicant sufficient to be present in PEO office along with dependant’s authorisation letter?

Query 4: How many days before applying we need to give ‘Life in UK’ test?


I request all senior members to kindly comment on above situation.

Thanks
Rajesh

bani
Senior Member
Posts: 796
Joined: Thu Oct 28, 2004 9:01 am
Location: UK
Contact:

Post by bani » Wed Apr 14, 2010 10:26 pm

You said your WP expired on 25 Oct 2005. While away from 17 Nov 2005 to Feb 2006, did you have a valid WP from the same company? If not, I'm afraid your clock restarted and you can only apply for ILR in Feb 2011.

About LIUK test, book it ASAP. You can choose a date in the future, but it has to be more than 7 days ahead. And most test centres only offer the exam on certain days of the week and they can get full. You get the result right away.

Agree with diago on the other points.

rajesh1319
Newbie
Posts: 36
Joined: Sat Mar 29, 2008 9:28 pm

Post by rajesh1319 » Thu Apr 15, 2010 12:54 pm

Yes, They have paid me in home country during 78 business trip.

And my company extended my wp every year.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Thu Apr 15, 2010 3:15 pm

rajesh1319 wrote:They have paid me in home country during 78 business trip. .
Clear indication of break in UK residency. Why not wait until Feb 2011 so that there is no chance of refusal?

Unless you love spam, not a good idea to disclose your personal email ID on a public forum.

regards

rajesh1319
Newbie
Posts: 36
Joined: Sat Mar 29, 2008 9:28 pm

ILR Eligibility and dependant query !

Post by rajesh1319 » Sat Apr 17, 2010 7:30 am

Bani:

I had valid WP when I was away from uk for 78 days.
My company extended my wp from 25th Oct 2005 to 25th Oct 2006. Every year they extended however I did my Tier 1 in 2008.
What is my chances of ILR in June 2010, shall I apply or wait till Jan 2011 ?

Sushdmehta:

I read number of post where people was outside this country and paid in local currency .

Considering gap is less than 90 days, shall I apply in June 2010 ?

My company is ready give me letter saying i was at offshore for work related purpose.

My main concern is during 5 years gap is 189 days however other 112 days were paid leaves

senthil78
Member of Standing
Posts: 289
Joined: Sat Sep 20, 2008 8:54 pm

Re: ILR Eligibility and dependant query !

Post by senthil78 » Sat Apr 17, 2010 6:20 pm

rajesh1319 wrote:Bani:

I had valid WP when I was away from uk for 78 days.
My company extended my wp from 25th Oct 2005 to 25th Oct 2006. Every year they extended however I did my Tier 1 in 2008.
What is my chances of ILR in June 2010, shall I apply or wait till Jan 2011 ?

Sushdmehta:

I read number of post where people was outside this country and paid in local currency .

Considering gap is less than 90 days, shall I apply in June 2010 ?

My company is ready give me letter saying i was at offshore for work related purpose.

My main concern is during 5 years gap is 189 days however other 112 days were paid leaves
I can't see any issue in your case. I can understand your concern that you exceeded the 9 days from the limit of 180 days in the five years. I don't think that the case worker is going to refuse your application for that 9 days absence. To make it safe, get a letter from your employer that 78 days absence is for the business purpose and also apply with your own proper covering letter. I have seen many cases got their application approved with the absences exceeded more than 180 days, ofcourse they had business trip included in the absences. Also note, You can exclude your departure and return days from your absences.

rajesh1319
Newbie
Posts: 36
Joined: Sat Mar 29, 2008 9:28 pm

ILR Eligibility !

Post by rajesh1319 » Sat Apr 17, 2010 6:51 pm

Thanks Senthil for your reply.

I am also thinking in same way that case is not complicate but I want to make sure before apply in person

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