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ILR - 3 questions on changing employers and absence from UK

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AmandaC
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Posts: 2
Joined: Fri Dec 10, 2010 1:20 pm

ILR - 3 questions on changing employers and absence from UK

Post by AmandaC » Fri Dec 10, 2010 1:36 pm

Hello all

I would really appreciate some help with the following situation:

I was on a student visa until 30 November 2005. I left for my home country (Australia) on 29 November 2005 to apply for a work permit, which was granted with an entry clearance date of 31 January 2006 (the date I was planning to return to the UK). I continued to rent a flat etc during the time I was away - it was just a break whilst I applied for the visa.

I (re)entered the UK with my work permit on 31 January 2006 (entry clearance date, work permit date and actual date of entry), then left again for a c. 1 month holiday before I began my employment on 6 March 2006.

I worked for the same employer until 31 July 2009 (renewing my work permit once during that period), with the last 10 days being paid annual leave (i.e. my actual last day was 17 July). I was employed as a management consultant, so was travelling a LOT - I would regularly spend M-Th in another place (usually a European jurisdiction). Rarely was I away for more than 3-4 days, but the absences were frequent (and I am having trouble piecing it together now). Tax, NI etc were obviously paid, and I was paid into a UK bank account by a UK-based employer - it's just the business model that you need to move around.

When I decided to leave, I lined up a new job before resigning, and so applied for another work permit with my new employer, which was issued on 09 July 2009. I am still on that work permit. I went on a short (c. 1 week) foreign holiday in August 2009 before beginning my new job on 19 August 2009. When I left for the holiday, my new visa was in my passport already.

So, my 3 questions are:

1. When does my ILR continuity period begin - is it 31 January (date of entry clearance) or 6 March (first day of job)? I am assuming 31 Jan on the basis that my only absences from the UK that are not paid annual leave or business trips are the c. 30 days I spent in Feb 2006, and the 8 days I spent in August 2009. Is this right?

2. What do I need to prove that absences were for business purposes? There is no way my first employer will actually know whether my absences were what I say they were - I was travelling on a weekly basis. What is the easiest way to deal with this? Just beg my old employer to sign the letter? Will this be sufficient?

3. Does the fact that I had a short gap between jobs in August 2009 matter, given that I was issued with a new work permit for my second employer before I finished my first job?

Many thanks in advance - this is terribly confusing!

Amanda

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Fri Dec 10, 2010 3:10 pm

1- it should be jan date
2- depends on your total absences. calculate all travel dates and post a total here. best way is to get employer letter. also have P60s / relevant bank statements / salary slips.
3- as long as there wasnt a gap in your visa it should be fine.

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