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270 days out of Uk for ILR on HSMP
Posted: Sat Jan 30, 2010 10:23 am
by engineer123
I came in UK in March 2006 on HSMP and will complete 4 years in March 2010. The problem is that I was away from UK for 250 day on one single trip. Will it affect my application for ILR? Can any one please tell me what can I do in this regard? I hope some one will help me. Thank in you all in anticipation.
Posted: Sat Jan 30, 2010 11:12 am
by geriatrix
Absences not more than:
1. 90 days at one time (work related absences of >90 days may be allowed when supported by documentary evidence)
2. 180 days in the entire 4 years.
regards
Posted: Sat Jan 30, 2010 11:59 am
by winber
The 180 days isn't a hard and fast rule. I personally know two people who had approx 220 days over 4 years and still got it.
Re: 270 days out of Uk for ILR on HSMP
Posted: Sat Jan 30, 2010 12:01 pm
by rajivbravo
250 days in a single stretch ... paid in uk??? ... then get a letter from ur org ..
rest depends on case worker
engineer123 wrote:I came in UK in March 2006 on HSMP and will complete 4 years in March 2010. The problem is that I was away from UK for 250 day on one single trip. Will it affect my application for ILR? Can any one please tell me what can I do in this regard? I hope some one will help me. Thank in you all in anticipation.
Posted: Sat Jan 30, 2010 12:04 pm
by rajivbravo
yupps winber..
here's a link
http://www.immigrationboards.com/viewtopic.php?t=51034
Mine is 278 but that includes official trips and vacation ..not in a single stretch thou... going this 4th ... will update you
winber wrote:The 180 days isn't a hard and fast rule. I personally know two people who had approx 220 days over 4 years and still got it.
Posted: Sat Jan 30, 2010 1:16 pm
by engineer123
unfortunately, not paid in UK.
Posted: Sat Jan 30, 2010 8:37 pm
by diago_nelson
Then its difficult
try contacting solicitors for their views... and apply with them on a "No win No fee" basis. So you don't lose.
engineer123 wrote:unfortunately, not paid in UK.
Posted: Sun Jan 31, 2010 1:33 pm
by engineer123
Thanks for the information. Can any one recommend a good solicitor in Manchester who can file my application on "No win no fee" bases?
Posted: Sun Jan 31, 2010 1:37 pm
by Wanderer
The issue with 'no win no fee' lawyers is if they feel they can't win the case, ie like this one, what's in it for them?
Posted: Sun Jan 31, 2010 3:17 pm
by geriatrix
I am no legal expert but IMHO:
There are two critical issues here - a) > 90 days single absence, and b) not work related (i.e.- not resulting from a work asignment wherein an employee in UK is sent oversees but is continues to be paid his salary in UK).
Also, OP has not confirmed if this 250/270 days absence is the only absence in his ILR qualifying period or is this just one amongst a few other.
If the OP was not paid in UK as he says (hence I assume he did not pay any income tax here either) during the 250/270 days that he was not present in UK, I do not see why the caseworker will not treat this one episode of single absence as a clear break in continuity of residence - unless the OP can provide evidence of exceptional / compassionate circumstances which prevented his return to UK.
regards