Break in residency for ILR

Hi,

I want some clarification on break in residency in UK, for applying ILR.

In nov 2011, I will be completing 5 years in UK. But, I have a break of 4 months in between when I was out of UK. During these 4 months, I was not getting any salary in UK. I was not paying anything like NI etc in UK for this period. However, my visa for UK was valid during this time. Other than these 4 months, I have not been out of UK much.

Can any one advise me if my clock has reset for ILR after the 4 month break.

thanks

komalmathur wrote:Hi,

I want some clarification on break in residency in UK, for applying ILR.

In nov 2011, I will be completing 5 years in UK. But, I have a break of 4 months in between when I was out of UK. During these 4 months, I was not getting any salary in UK. I was not paying anything like NI etc in UK for this period. However, my visa for UK was valid during this time. Other than these 4 months, I have not been out of UK much.

Can any one advise me if my clock has reset for ILR after the 4 month break.

thanks

IMO any single break of over 90 days re-set your ILR clock.

What visa you were on during these 4 months? What was the reason for being out of UK?

During the 4 months... i was still on HSMP and had to go back to india due to family constraints

komalmathur wrote:During the 4 months... i was still on HSMP and had to go back to india due to family constraints

that would be very difficult to establish and convince UKBA of the same. because you were being paid, it doesnt look like it was an emergency of some sort with family which makes it even harder.

i suggest you find a competant lawyer and seek their opinion,.

xyz123 wrote:

komalmathur wrote:Hi,

I want some clarification on break in residency in UK, for applying ILR.

In nov 2011, I will be completing 5 years in UK. But, I have a break of 4 months in between when I was out of UK. During these 4 months, I was not getting any salary in UK. I was not paying anything like NI etc in UK for this period. However, my visa for UK was valid during this time. Other than these 4 months, I have not been out of UK much.

Can any one advise me if my clock has reset for ILR after the 4 month break.

thanks

IMO any single break of over 90 days re-set your ILR clock.

What visa you were on during these 4 months? What was the reason for being out of UK?

How about over 180 days

salina02 wrote:
How about over 180 days

what do you mean?

is is possible to get a third extension on Tier 1, under the same set of rules under which the first application was made ?

Under current rules, you may apply for as many extensions as you wish.

has anyone got ILR approval despite more than three month gap ? Could you please help me with an explanation of your case

I want to understand compare two different cases for ILR.

Case 1: If someone has been on combination of WP and HSMP for 5 years and has been ABSENT from UK for continous 4 months while on HSMP.

Vs

Case2: If someone has been on WP and HSMP for 5 years and been out of work in UK for continous 4 months while on HSMP.

Will these two cases be treated differently for ILR ?

Thanks

komalmathur wrote:I want to understand compare two different cases for ILR.

Case 1: If someone has been on combination of WP and HSMP for 5 years and has been ABSENT from UK for continous 4 months while on HSMP.

Vs

Case2: If someone has been on WP and HSMP for 5 years and been out of work in UK for continous 4 months while on HSMP.

Will these two cases be treated differently for ILR ?

Thanks

Quite obviously - in Case 2 even though that person was jobless, they were in the UK and the UK was the person's main country of residence - this is what is required to qualify for ILR. ILR requires you to show UK is your main country of residence whether working or unemployed doesnt matter

In Case 1, person is not resident in the UK and being outside for 4 months at a stretch effectively resets the clock. Better to be in the UK jobless than outside

KP