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Maximun Period of Absence allowed for ILR

Posted: Sun Apr 18, 2010 8:11 pm
by shaun340
I would really appreciate if someone can shed a little bit of light into my situation. I have been in the UK since Aug 2004 and eligible to be applied on JR for my ILR. However, I had a career break in 2006 from Sep til July 2007 as I went back home to sort out a few issues.(personal)
I have been working since I landed here and continue to work todate.
When I got the extension of visa in 2007 Aug, I received a letter along with my Visa that I would be eligible for ILR before the expiry of my present visa in Aug 2011 and also said a include a copy of the letter when applying.
I'm quite settled here and I have a property in my name and I have got P60s for the last 5 years.
Would the case case office be able to disregards my break (about 275days) as he/she could see my ecomomic contributions and intentions to live here permanantly.

Can someone please advise before I make a decision to use the preminum service to get it done within a day?

Thanks

Re: Maximun Period of Absence allowed for ILR

Posted: Sun Apr 18, 2010 8:39 pm
by senthil78
shaun340 wrote:I would really appreciate if someone can shed a little bit of light into my situation. I have been in the UK since Aug 2004 and eligible to be applied on JR for my ILR. However, I had a career break in 2006 from Sep til July 2007 as I went back home to sort out a few issues.(personal)
I have been working since I landed here and continue to work todate.
When I got the extension of visa in 2007 Aug, I received a letter along with my Visa that I would be eligible for ILR before the expiry of my present visa in Aug 2011 and also said a include a copy of the letter when applying.
I'm quite settled here and I have a property in my name and I have got P60s for the last 5 years.
Would the case case office be able to disregards my break (about 275days) as he/she could see my ecomomic contributions and intentions to live here permanantly.

Can someone please advise before I make a decision to use the preminum service to get it done within a day?

Thanks
Clearly you have break in the residency. The maximum allowed absence is 180 days for 5 years residency and the absence should not exceed more than 90 days at a stretch. You can start count from July 2007 for your ILR. Probably you may apply after 4 years since your HSMP was issued before 2006. I think that you should be able to apply in June 2011.

Posted: Sun Apr 18, 2010 9:46 pm
by gidoc
You should do as advised, applying for ILR when you complete 4 yrs after your second entry in UK. There is a clear break of residency before that.
Best wishes