ILR rules for absence less than 90 days
Posted: Mon Jul 11, 2011 10:47 pm
Dear All,
Sorry if this has been discussed before and if it has been it would be most helpful if you can point me to useful links relevant to my case. This may be a bit too soon but I would still like to be absolutely clear about ILR rules.
My situation:
I got my General tier 1 VISA to start from March 16 2009(I had applied in Jan 2009 and come under the old rules). However I came to UK on 05th June, 2009(within the 3 months). I started looking for work but couldnt find employment immediately. In Jan 2010, I had to visit India due to emergencies and had to stay there for less than 2 months(this again lesser than the 3 months in the ILR rules). I immediately found employment upon returning and have the required points for extension and ILR.
However the caseworkers guide says this:
Time spent here may exceptionally be aggregated and continuity not insisted upon for cases where there have been no absences abroad and authorized employment has not been broken by any interruptions of more than 3 months and amounting to 6 months in the whole of the five year period..
The thing that concerns me in the above guideline is this:
It says - "authorised employment has not been broken by any interruptions of more than 3 months"
Does this mean I have to be in authorised employment during any interruptions in my stay. In my case I was not employed when I went to India. Does this affect my ILR eligibilty.
Any guidance most appreciated.
Thanks
Raghu
Sorry if this has been discussed before and if it has been it would be most helpful if you can point me to useful links relevant to my case. This may be a bit too soon but I would still like to be absolutely clear about ILR rules.
My situation:
I got my General tier 1 VISA to start from March 16 2009(I had applied in Jan 2009 and come under the old rules). However I came to UK on 05th June, 2009(within the 3 months). I started looking for work but couldnt find employment immediately. In Jan 2010, I had to visit India due to emergencies and had to stay there for less than 2 months(this again lesser than the 3 months in the ILR rules). I immediately found employment upon returning and have the required points for extension and ILR.
However the caseworkers guide says this:
Time spent here may exceptionally be aggregated and continuity not insisted upon for cases where there have been no absences abroad and authorized employment has not been broken by any interruptions of more than 3 months and amounting to 6 months in the whole of the five year period..
The thing that concerns me in the above guideline is this:
It says - "authorised employment has not been broken by any interruptions of more than 3 months"
Does this mean I have to be in authorised employment during any interruptions in my stay. In my case I was not employed when I went to India. Does this affect my ILR eligibilty.
Any guidance most appreciated.
Thanks
Raghu