ILR Question for single business trip of 121 days

Hello everyone,
I am going to complete my 5 years in 14th Jan 2012. During this 5 years period I was out of the country for 173 days all together. Out of that one single Business trip is for 121 days for which I worked from India for knowledge transfer and train my offshore team.

I have the letter from my employer covering the absence period for business trip. I also have last 5 years P60.
But I don’t have salary slip and bank statement for the absence period of business trip. Can this be a problem? Can I eligible for apply ILR ?
I will appreciate your response on my situation.

Regards,
Sandy

your employer letter is a key

your employer must write the overstayed trip is a business, why they are over 90 days, and what is your job role,why it has to be you. and you are fully paid in the uk.

if you just say it was a business trip , it wont be good enough for case worker.

sandyk wrote:But I don’t have salary slip and bank statement for the absence period of business trip.

Not paid in the UK? Then this absence would effectively mean a break in continuous residency and would have reset your ILR clock.

Sushdmehta,

In anotehr post Angelo Jiang mentioned about the reply she got from UKBA where it is as below.

"You will need to provide documentary evidence from your employer confirming the absence from the UK necessary due to business commitments and any business contracts. For the indefinite leave to remain application you do not have to show your connection to the UK. "

"you do not have to show your connection to the UK" means it is not necessary that you have to be paid in uk.
Am I missing something here.

Please advise

IMHO, all the best to anyone and everyone who applies for settlement relying on such advice (which I believe has come from someone in UKBA who responds to queries directed to the UKBA contact center) when there is a single absence lasting more than what is permitted (90 days) or in cases where caseworker discretion comes into play to determine that continuous residence has not been broken.

The advice given may be sufficient when absences fall within the permitted limit and there is no reason for "caseworker discretion" to come into play.

sushdmehta is perfectly right.
When business trips and/or personal absences are within 90/180 days stipulation than no connection with UK during those absences is required. But when absences for whatever reason exceeds that than connection with UK is required as expressly stated in UKBA guidance as under:
"provided the applicant has clearly continued to be based here"

Thanks a lot sushdmehta & jami for your reply.

How UKBA verify the connection to UK for single Business trip is for 121 days ?

Will letter from my employer covering the absence period for business trip & last 5 years P60 will not be sufficient to show the connection ?

No. It would not be sufficient alone.
Requirement is " the applicant has clearly continued to be based here".
Gather further evidence of continued to be based in uk during business trip.