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I am thinking to give a try by applying for ILR, as my absence is >90 days out of UK in a single trip.

This >90 days is due to my new employer filed a wrong application initially (June 2008) and reapplied again ((Aug 2008) and this consequently made me to stay in India for more than 90 days, till I receive my new work permit to apply for Entry Clearance.

I would like to clarify couple of queries with you,

Can I state this as exceptional circumstance in my application, whether they will consider it ?

My current visa (Tier 1 General) is expiring on 25th Sep 2012. I am applying for my ILR on 30 Aug (PEO) in person.

If my ILR application is refused, can I apply for TIER 1 General Extension in few days time (bearing in mind) before my current visa expires ?

whether my ILR result (refusal) will impact on the TIER 1 (extension) application ?

What's your suggestion ?

Thanks in advance for all your responses.

what is that number >90? Lot depends on that. If that number (days outside) is 200 you have no chance, if it is 91 you may have a chance.

well i dont think the no. of days will matter the reason is important. I have 150 days at a stretch but I am sure it will be considered. You need a strong justification for the absence.

It was 104 days.

I wonder whether they consider this as strong evidence,
the employers fault - applying wrong application initially and reapplying with the right form!.

bazybazy wrote:It was 104 days.

I wonder whether they consider this as strong evidence,
the employers fault - applying wrong application initially and reapplying with the right form!.

Not within the guideline.. However, people are getting ILR nowadays very easily with significant gaps in stay!! So, you never know.. Best of Luck!!

Search the forum.. you will even get cases people getting ILR being away from UK for more than a year!!

uksettlement wrote:well i dont think the no. of days will matter the reason is important. I have 150 days at a stretch but I am sure it will be considered. You need a strong justification for the absence.

Wish you all the best. However, please do not use the word "sure" - that gives wrong infromation. If you were so sure, you would not have posted your case, neither you would have enquired each every >90 days and >180 day cases.

At best you can say you think you stand a good chance which I agree!!

If that 2008 application was employer responsibility, then you might have a case. My understanding is that all individuals are responsible for ensuring their applications are valid .

Thank you all,

Any suggestions ?, just in case if my ILR is refused. Can I apply for TIER 1 general (extension) in few days time. Will the ILR refusal will have an impact ?