Longer UK absence during 5 years continuous stay
Posted: Tue May 22, 2012 2:14 am
This query is regarding my ILR eligibility with longer UK absence of more than 6 months during my 5 years living in UK. I entered UK in Feb 2007 under Tier 2 category and later switched to Tier 1 category on Apr 2009. Tier 1 visa was granted while I was living and working in UK.
UK Absence Summary: (Longer UK absence marked in red)
a) 22nd Mar 2008 to 31st Mar 2008 = Paid vacation 8 days
b) 13th Apr 2009 to 26th Apr 2009 = Paid vacation 12 days
c) 08th Jul 2009 to 14th Feb 2010 = Work trip 220 days
d) 21st Mar 2010 to 16th May 2010 = Unpaid vacation 55 days
e) 04th Sep 2010 to 22nd Sep 2010 = Paid vacation 17 days
f) 17th Apr 2011 to 25th Apr 2011 = Paid vacation 7 days
g) 15th May 2011 to 07th Jun 2011 = Paid vacation 22 days
h) 22nd Nov 2011 to 28th Nov 2011 = Paid vacation 5 days
i) 04th Jan 2012 to 16th Jan 2012 = Paid vacation 11 days
Longer Absence Explained (point c and d)
Due to the project requirement the company requested to travel abroad (India) on 8th Jul 2009, unfortunately this abroad assignment extended beyond 20th Nov 2009. This resulted in a UK absence but employed and payroll under UK employer. As the project uncertainty increased, the company moved my payroll to India effective from 21st Nov 2009. Combination of travel abroad and later relocation has resulted in a UK absence of 220 days (Point c).
To establish my living in UK, I entered UK on a short visit between 14th Feb 2010 and 21st Mar 2010. After a brief vacation (point d) resumed my living and working in UK from 17th May 2010 onwards.
I would like to seek guidance from this forum on whether my ILR application may have slim chances of UKBA’s consideration given my absence history and circumstances. If there is no scope for my ILR application as UK absence in 5 years period is bursting the threshold, is it safe to start counting 5 years continuous stay from 21st Mar 2010?.
UK Absence Summary: (Longer UK absence marked in red)
a) 22nd Mar 2008 to 31st Mar 2008 = Paid vacation 8 days
b) 13th Apr 2009 to 26th Apr 2009 = Paid vacation 12 days
c) 08th Jul 2009 to 14th Feb 2010 = Work trip 220 days
d) 21st Mar 2010 to 16th May 2010 = Unpaid vacation 55 days
e) 04th Sep 2010 to 22nd Sep 2010 = Paid vacation 17 days
f) 17th Apr 2011 to 25th Apr 2011 = Paid vacation 7 days
g) 15th May 2011 to 07th Jun 2011 = Paid vacation 22 days
h) 22nd Nov 2011 to 28th Nov 2011 = Paid vacation 5 days
i) 04th Jan 2012 to 16th Jan 2012 = Paid vacation 11 days
Longer Absence Explained (point c and d)
Due to the project requirement the company requested to travel abroad (India) on 8th Jul 2009, unfortunately this abroad assignment extended beyond 20th Nov 2009. This resulted in a UK absence but employed and payroll under UK employer. As the project uncertainty increased, the company moved my payroll to India effective from 21st Nov 2009. Combination of travel abroad and later relocation has resulted in a UK absence of 220 days (Point c).
To establish my living in UK, I entered UK on a short visit between 14th Feb 2010 and 21st Mar 2010. After a brief vacation (point d) resumed my living and working in UK from 17th May 2010 onwards.
I would like to seek guidance from this forum on whether my ILR application may have slim chances of UKBA’s consideration given my absence history and circumstances. If there is no scope for my ILR application as UK absence in 5 years period is bursting the threshold, is it safe to start counting 5 years continuous stay from 21st Mar 2010?.