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ILR -continuous period - part of the time worked out of UK
Posted: Wed Feb 08, 2012 5:26 pm
by ukmigrant2011
Hi,
Below is the situation of one of my friends who is planning to go for ILR.
At present he is on Tier 1 for the past two years.
Before that he was on Work Permit for 3 years. He was working on deputation for a non UK based company. In the first 3 years two times on he went back to off-shore and worked there for more than 90 days. Total absences in UK are more than 180 days. While he went to off-shore he still worked for the same company and paid at off-shore. He came back again from the same company, shifted to Tier 1 and now on Tier 1.
The query is , would this be considered valid for 5 year continuous period. As I have seen in the UK BA site, if any absences are related to business purpose, those can be considered with a letter from employer. What is classified as business purpose ? Going back to off-shore and working for the same comapany is considered as Business purpose ? He may not be able to get the letter from employer that he went on business purpose.
Your views are highly appreciated.
Thanks.
Posted: Thu Feb 09, 2012 9:20 am
by happ_go_lucky
From what I know and having read a lot of posts on this forum, Multiple absences with >90 days could be an issue however there is possibility that the case worker will use discretion to disregard them if the absences were for business reasons and is supported by a letter from the employer.
I have one single absence of more than 90 days (And i was not paid in UK for that duration), i was sent on an assignment by my employer and have a letter from the employer supporting that. I am hoping for the best. I have my appointment next week. will let you know the outcome.
Posted: Thu Feb 09, 2012 1:22 pm
by settled_now
> 90 days is difficult ( lawyers deem these cases to be too time-consuming to bother ) but certainly not impossibile.
Best result will be approval after some weeks delay.
Worst result will be an agregated period ( not really that bad ). If you go in with that approach and just ask the ask to agregate the period, you could end up saving yourself time, money and weeks of stress!
Posted: Thu Feb 09, 2012 1:26 pm
by happ_go_lucky
settled_now wrote:> 90 days is difficult ( lawyers deem these cases to be too time-consuming to bother ) but certainly not impossibile.
Best result will be approval after some weeks delay.
Worst result will be an agregated period ( not really that bad ). If you go in with that approach and just ask the ask to agregate the period, you could end up saving yourself time, money and weeks of stress!
Agree. As I was told by one of the seniors, possible outcomes are
best case - ILR granted
worst case - ILR refused
In-between - Agregate the excess absences.
Posted: Thu Feb 09, 2012 1:45 pm
by ukmigrant2011
Hi All,
Thanks for your responses. "happ_go_lucky" - All the best for your interview.
I understand the possible outcomes.
My question is more towards, what is considered as Business Travel ? My friend's case , as he went to off-shore. though he worked for the same company , employer wouldn't be giving a letter as business trip. At the most a letter can be taken to say worked in uk this period, worked at off-shore during this period etc. Would this be accepted. Of course depending on the Case Worker. what are your thoughts.
Posted: Thu Feb 09, 2012 1:51 pm
by happ_go_lucky
ukmigrant2011 wrote:Hi All,
Thanks for your responses. "happ_go_lucky" - All the best for your interview.
I understand the possible outcomes.
My question is more towards, what is considered as Business Travel ? My friend's case , as he went to off-shore. though he worked for the same company , employer wouldn't be giving a letter as business trip. At the most a letter can be taken to say worked in uk this period, worked at off-shore during this period etc. Would this be accepted. Of course depending on the Case Worker. what are your thoughts.
I am not an expert but from what i have understood, whats important is that the employer in thier letter justifies why the employee needed to work from offshore and implications on business if the trip had not taken place.
Posted: Fri Feb 10, 2012 6:29 pm
by settled_now
happ_go_lucky wrote:
worst case - ILR refused
You're right, this is true at time of appointment.
However, appeal should correct this ( but then, time, expense and stress come into play ), eventually.
To avoid this, best to appeal to the caseworkers common sense in a friendly manner and ask if the period can be agregated.
Again, this is not so bad, will save time for everybody, and also show the caseworker you are informed and acting reasonably.