Immigrationboards.com

Hi,

I have a query on ILR eligibility for days outside the UK. Can seniors/experts help me?

I came to the UK in Feb 2006 on HSMP valid for 1 yr which got extended subsequently for another 4 yrs, i.e. still Jan 2011 (I got the initial Visa in Jan 2006, though I came 1 month later)

I was working in the UK from Feb 2006 to July 2009 but I had to leave in July 2009 due to some personal reasons.

I am coming back in Feb 2010, starting a new job.

I do have a FLR till Jan 2011, any suggestions what should I do after that -

Should I try to apply for ILR - I do understand that since I was out of the UK for > 180 days, my application can be rejected - can someone confirm this or do I stand chance?

Assuming that I wont be able to get ILR - what options do I have -

Do I need to apply for a fresh Tier 1 application?
Or, can I extend my initial HSMP application for another 5 years?
- For this do I still need to have all the points as mentioned in Tier 1 application, if not what all documents I need to provide?

I understand I have asked many questions but any guidance in this regard will be helpful for me to take my decision.

Thanks in advance

Hi Mylogin (Sorry don't know your name)

As you can see that I am a Newbie has well. So don't have much experience with these issues. However, because I am also facing a similar problem, I think I am qualified to discuss this issue wiht you.

My understanding is that there are two requirements for ILR with regards to absences from UK during the 5 year residency period (Both of which are only mentioned in the case worker guidance only and not the actual immigration law):

1- You should not be absent from UK for more than 90 days in any single trip during these 5 years
2- You should not be absent from UK for a total of 6 months in total during these 5 year

I think you are caught by the first clause but I am caught by the second clause. I came to UK in October 2005 on a work permit. In 2007 I switched to HSMP which has now been converted into Tier 1 (all these categories are eligible for settlement). During last 4 years and 4 months I have gone out of UK for 254 days so far, mostly for paid holidays (I am an accountant and I get 34.5 working days annual vacation from my employer). Only 12 of these 254 days were business related trips.

So just like you I request the experts to kindly advise me whether I should apply for my ILR (in October 2010) or consult an immigration lawyer to see if there is any way out.

Regards

Anoop

This is my undertstanding of the absences:
1.You can justify absences if they are work related, if you have a letter from your employer.Some people have managed with >90 d absences as well.
2.If a single absence is >90 days, not 180d, it becomes more tough, however, you may get by if you were paid in UK and paid NI.
3.Total absences>180 d, are more tricky, if not work related and its upto the case worker. You may be advised to apply by post.
4.Total personal absences<180d and any single personal absence<90d , is the best to have. If either of this is breached and is not work related, best to get in touch with a lawyer or wait for longer.
Hope this helps.

Thanks guys for your replies -

I have kind of accepted that i wont be able to get ILR owing to my leave exceeding the permissible limits and I am more interested in the options after that.

If I send the ILR request and it is rejected, what is the next best option I have? Do I need to apply for a fresh Tier-1 visa or I can get my initial one extended for some years? If yes, then how many years and what all document I need to furnish?

If someone can throw a light on this it will be really helpful.

Thx in advance.

Mylogin wrote:If I send the ILR request and it is rejected, what is the next best option I have?

Given your absence of about 7 months your ILR application is bound to be rejected.

Apply for further leave to remain (extension). Use this form and guidance.

regards

Mylogin,

If you can prove your personal reasons are due to sickness or any other genuine unavoidable reason you still have a chance ....but guess no WP breaks are allowed.

Mylogin wrote:Hi,

I have a query on ILR eligibility for days outside the UK. Can seniors/experts help me?

I came to the UK in Feb 2006 on HSMP valid for 1 yr which got extended subsequently for another 4 yrs, i.e. still Jan 2011 (I got the initial Visa in Jan 2006, though I came 1 month later)

I was working in the UK from Feb 2006 to July 2009 but I had to leave in July 2009 due to some personal reasons.

I am coming back in Feb 2010, starting a new job.

I do have a FLR till Jan 2011, any suggestions what should I do after that -

Should I try to apply for ILR - I do understand that since I was out of the UK for > 180 days, my application can be rejected - can someone confirm this or do I stand chance?

Assuming that I wont be able to get ILR - what options do I have -

Do I need to apply for a fresh Tier 1 application?
Or, can I extend my initial HSMP application for another 5 years?
- For this do I still need to have all the points as mentioned in Tier 1 application, if not what all documents I need to provide?

I understand I have asked many questions but any guidance in this regard will be helpful for me to take my decision.

Thanks in advance

rajivbravo wrote:Mylogin,
If you can prove your personal reasons are due to sickness or any other genuine unavoidable reason you still have a chance....

Any source of this info?