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Questions on ILR

Posted: Thu Apr 04, 2013 2:18 pm
by lzylqy2000
going to apply for ILR soon. I entered into the UK in summer 2008 with a WP ICT and transferred to T2 ICT in 2010. I worked for one employer throughout my stay in the UK.

During my 5-year stay, I took a 4-month unpaid study leave but did not leave the country. Will that affect my continous stay?

I also did a client secondment back to India for a few months (did not break the 180 days rule) and during the secondment it was the indian branch of my UK employer which paid my salary so the salary amount shown in my UK pay slips during such period is zero. Will that affect my continuous stay?

Both the client secondment and the study leave took place over 2 years ago. In practice, will the case work ask me to produce pay slips dated back in 2010?

Will be very grateful if anybody can share with their thoughts/experience.

Posted: Thu Apr 04, 2013 4:10 pm
by Mano82
NOt sure abt the unpaid study leave will break the continous stay.. I beleive it wont..but wait for the seniors to confirm..

If you can support your 4 months unpaid absence from UK with an employer letter saying that was for business reasons + P60s shoudl help .but as I understand if you are not on UK payroll for more than a month it can be challenged...

Normally CWs looks for break in visa in last 5 yrs + recent payslips +recent bank stmts.. but there has been cases where they ghave checked HMRC employment history for last 5 yrs as well..

Hope it helped!..R u going for postal or PEO appointment?

Posted: Thu Apr 04, 2013 5:08 pm
by lzylqy2000
Going for PEO appointment.

For the 4-month study leave, I did not leave the UK so it is not an absence from the UK.

I am more concerned with the overseas client secondment.

Look forward for comments from the seniors.

Posted: Fri Apr 05, 2013 9:29 am
by phss
Although not a senior, I a colleague of mine had a similar situation than yours , regarding secondments.

She spent about 3/4 months away, in our US offices. She also didn't break the 180 days rule and she was working for a branch of our company. I believe our HR department provided a detailed letter explaining that she was doing work for the company while there, why she was required to go to the US and that she was not in breach. However, I don't know if she was being paid by the US or the UK office. I suspect the UK.

Hope that helps.