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Major Breaks in UK Stay. Any advice?

Posted: Tue Aug 07, 2012 10:27 am
by robinpaul78
Hi

I would be technically completing 5 years in UK in March 2013 on HSMP/Tier 1 General visa. However during this periog due to professional reasons i have been away from UK for more than 972 days. This count will reach 1000 by the time i complete 5 years. I have gaps in between as well exceeding 90 days 4 times. All these gaps are due to Professional reason (except for a few for vacations). I have been working for the same employer during this period and have been paid salary in UK all this while. I have the salary slips, P60s to support my employment during this period.

What are my chances of getting a positive result if i apply for an ILR?


From To Number of days outside of UK
  • 20-Apr-08 23-Apr-08 2
    1-May-08 28-May-08 26
    1-Sep-08 4-Sep-08 2
    3-Oct-08 12-Oct-08 8
    27-Oct-08 1-Nov-08 4
    24-Nov-08 24-Nov-08 0
    4-Dec-08 5-Dec-08 0
    12-Dec-08 14-Dec-08 1
    17-Dec-08 6-Jan-09 19
    5-Feb-09 5-Feb-09 0
    13-Feb-09 15-Feb-09 1
    6-Apr-09 9-Apr-09 2
    5-Jun-09 24-Jun-09 18
    19-Jul-09 24-Jul-09 4
    4-Sep-09 22-Sep-09 18
    23-Sep-09 1-Oct-09 7
    10-Nov-09 12-Nov-09 1
    25-Nov-09 28-Nov-09 2
    1-Dec-09 4-Dec-09 2
    21-Dec-09 7-Jan-10 16
    9-Jan-10 13-Jan-10 3
    3-Feb-10 13-Feb-10 9
    4-Mar-10 1-Apr-10 27
    1-Apr-10 11-Aug-10 100
    11-Aug-10 20-Aug-10 9
    20-Aug-10 20-Jan-11 152
    20-Jan-11 3-May-11 102
    3-May-11 22-Jul-11 80
    22-Jul-11 28-Aug-11 36
    28-Aug-11 20-Oct-11 22
    27-Oct-11 4-Nov-11 7
    5-Nov-11 4-Feb-12 90
    5-Feb-12 14-Jul-12 159
    22-Jul-12 6-Sep-12 43
972 days

Regards
Robin Paul

Posted: Tue Aug 07, 2012 10:31 am
by Lucapooka
You are ineligible for ILR. You have no choice other than to extend.

Having done that you can then try to find a point in your history where you leave seems continuous and try not to break that until it accumulates five years.

Posted: Tue Aug 07, 2012 10:34 am
by Rajuk09
Lucapooka wrote:You are ineligible for ILR. You have no choice other than to extend.

Having done that you can then try to find a point in your history where you leave seems continuous and try not to break that until it accumulates five years.
Can't the OP get a letter from employer with hall the dates outside UK and mentioning the reasons will be accepted ?

Major Breaks in UK Stay

Posted: Tue Aug 07, 2012 10:44 am
by robinpaul78
I can get a letter from my Employer listing the dates as well as reason why i had to be away from London for each trip, if it helps my case.

Posted: Tue Aug 07, 2012 10:54 am
by Lucapooka
Not much use for a break that extends from February to July (to cite just one example from the many listed). That's over 3 months.

Posted: Tue Aug 07, 2012 4:29 pm
by ryan2020
well quite less chances :) there is no harm in trying .people who had 800 absence (which i don't believe he got in PEO) can get it try your luck as well with a very arguing solicitor.

According to the forum i have seen its depends on your communication skills. if are good talker you can push the CW to disregard your absences.

but lucapooka also right u have >90 days 3 times... so its quite hard.

Posted: Tue Aug 07, 2012 6:28 pm
by uksettlement
Hi Guys,

I have total absence of 253 days and one business trip which lasted 150 days. However, it was for work and I have all the proofs to prove that I was required by my employer to spend time outside setting up this business unit.

Throughout I was paid in the UK and also got Pay hike when I was overseas. After completion of the project I have been in UK for 3 years without a single break. Also got promoted after coming back to the UK after the project.

Do you think realistically I have a chance?

Thanks!

Posted: Tue Aug 07, 2012 6:54 pm
by Lucapooka
You will get a much better response if you start your own thread rather tnan hi-jack someone else's.