Question - Break - Am I eligible?

[fisher]

Hi

I work for an indian company. Couple of years back I left for India and worked in India for the same employer.

The total duration of my work in india was 50 days. I was not paid in UK during this period.

Does this constitute a break in residencey? I am hoping to file for ILR in next few months.

Please advise.

-fisher

[geriatrix]

On the face of it, yes!


regards

[senthil78]

Hi

I work for an indian company. Couple of years back I left for India and worked in India for the same employer.

The total duration of my work in india was 50 days. I was not paid in UK during this period.

Does this constitute a break in residencey? I am hoping to file for ILR in next few months.

Please advise.

-fisher

No. You should be fine.

[geriatrix]

Hi

I work for an indian company. Couple of years back I left for India and worked in India for the same employer.

The total duration of my work in india was 50 days. I was not paid in UK during this period.

Does this constitute a break in residencey? I am hoping to file for ILR in next few months.

Please advise.

-fisher

No. You should be fine.

How can you say that in absence of any information from the OP regarding his immigration status during this absence? Or whether he was employed in UK but sent to India on overseas assignment?

The OP has clearly mentioned that he was paid in India (hence employed in India) during that absence, which constitutes a break in residency.

regards

[fisher]

Hi

I work for an indian company. Couple of years back I left for India and worked in India for the same employer.

The total duration of my work in india was 50 days. I was not paid in UK during this period.

Does this constitute a break in residencey? I am hoping to file for ILR in next few months.

Please advise.

-fisher

No. You should be fine.

How can you say that in absence of any information from the OP regarding his immigration status during this absence? Or whether he was employed in UK but sent to India on overseas assignment?

The OP has clearly mentioned that he was paid in India (hence employed in India) during that absence, which constitutes a break in residency.

regards

I had valid leave to remain and was on WP during that period.

I was not employed in UK, i have always been on deputation which means on intra company transfer with a base location in india. During those 50 days i was in india.

Is this still an issue? has anyone faced a similar issue.

[senthil78]

Hi

I work for an indian company. Couple of years back I left for India and worked in India for the same employer.

The total duration of my work in india was 50 days. I was not paid in UK during this period.

Does this constitute a break in residencey? I am hoping to file for ILR in next few months.

Please advise.

-fisher

No. You should be fine.

How can you say that in absence of any information from the OP regarding his immigration status during this absence? Or whether he was employed in UK but sent to India on overseas assignment?

The OP has clearly mentioned that he was paid in India (hence employed in India) during that absence, which constitutes a break in residency.

regards

@sushdmehta, yes, you are correct, it is a break in residency. My intention was to reply that it shouldn't be a problem for ILR. If I would have put "Yes" instead of "No", would have avoided the confusion.

If his employment has not been broken more than 3 months, he should be fine. I can say so confident because one of my friend's situation was similar to fisher, he got ILR successfully last year at PEO. He had almost 50 days break in his employment. Probably case worker would have applied discretion.

@fisher, Refer http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[fisher]

No. You should be fine.

How can you say that in absence of any information from the OP regarding his immigration status during this absence? Or whether he was employed in UK but sent to India on overseas assignment?

The OP has clearly mentioned that he was paid in India (hence employed in India) during that absence, which constitutes a break in residency.

regards

@sushdmehta, yes, you are correct, it is a break in residency. My intention was to reply that it shouldn't be a problem for ILR. If I would have put "Yes" instead of "No", would have avoided the confusion.

If his employment has not been broken more than 3 months, he should be fine. I can say so confident because one of my friend's situation was similar to fisher, he got ILR successfully last year at PEO. He had almost 50 days break in his employment. Probably case worker would have applied discretion.

@fisher, Refer http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Senthil/Sushdmehta,
I am confused now. I am assuming you both mean that i am not eligible. Are you aware of anybody facing similar issue?

my absence of 50 days is less than 90 days so i was really hoping i will be ok. should i contact a lawyer and find out? please help.

[geriatrix]

From a legal point of view, residency in the UK is definitely broken during this absence. The question is whether a caseworker can spot it without you spelling it out to him.

It all depends on how your case gets handled. If the caseworker questions you on your absence, then you'll need to provide evidence of your residency here (and just having a WP visa doesn't prove that). On the other hand, if caseworker ignores the absence as any other (usual one), then you would be fine.

regards

[senthil78]

No. You should be fine.

How can you say that in absence of any information from the OP regarding his immigration status during this absence? Or whether he was employed in UK but sent to India on overseas assignment?

The OP has clearly mentioned that he was paid in India (hence employed in India) during that absence, which constitutes a break in residency.

regards

@sushdmehta, yes, you are correct, it is a break in residency. My intention was to reply that it shouldn't be a problem for ILR. If I would have put "Yes" instead of "No", would have avoided the confusion.

If his employment has not been broken more than 3 months, he should be fine. I can say so confident because one of my friend's situation was similar to fisher, he got ILR successfully last year at PEO. He had almost 50 days break in his employment. Probably case worker would have applied discretion.

@fisher, Refer http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Senthil/Sushdmehta,
I am confused now. I am assuming you both mean that i am not eligible. Are you aware of anybody facing similar issue?

my absence of 50 days is less than 90 days so i was really hoping i will be ok. should i contact a lawyer and find out? please help.

I agree with sushdmehta and his answer is more precise to your query. My advise is, While listing down your absence, show 50 days absence as a holiday which will avoid further investigation and question from case worker. Your absence is also within the 90 days, there is less chance to question about your absence. As already posted in my previous reply, one of my friend got ILR at PEO last year. Then you can assume that how straightforward his application would have been. Having said that, it is upto the case worker whol will be dealing your case. I don't think that seeking help from immigration lawyer will improve anything in your case. It is upto you.

[fisher]

How can you say that in absence of any information from the OP regarding his immigration status during this absence? Or whether he was employed in UK but sent to India on overseas assignment?

The OP has clearly mentioned that he was paid in India (hence employed in India) during that absence, which constitutes a break in residency.

regards

@sushdmehta, yes, you are correct, it is a break in residency. My intention was to reply that it shouldn't be a problem for ILR. If I would have put "Yes" instead of "No", would have avoided the confusion.

If his employment has not been broken more than 3 months, he should be fine. I can say so confident because one of my friend's situation was similar to fisher, he got ILR successfully last year at PEO. He had almost 50 days break in his employment. Probably case worker would have applied discretion.

@fisher, Refer http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Senthil/Sushdmehta,
I am confused now. I am assuming you both mean that i am not eligible. Are you aware of anybody facing similar issue?

my absence of 50 days is less than 90 days so i was really hoping i will be ok. should i contact a lawyer and find out? please help.

I agree with sushdmehta and his answer is more precise to your query. My advise is, While listing down your absence, show 50 days absence as a holiday which will avoid further investigation and question from case worker. Your absence is also within the 90 days, there is less chance to question about your absence. As already posted in my previous reply, one of my friend got ILR at PEO last year. Then you can assume that how straightforward his application would have been. Having said that, it is upto the case worker whol will be dealing your case. I don't think that seeking help from immigration lawyer will improve anything in your case. It is upto you.

Thanks Senthil. I am scared to lie w.r.t. and list it as holiday since i do not want to cause any unforeseen issues. If I mention it as work related and do not provide any evidence from the employer ... will it be a problem?

I always thought "absence" means you are out of country and hence my case should be valid.

thanks for your help.

[senthil78]

I make my statement clear, I am not telling you to lie or not directing to aginst law. There are some grey area in the UK immigration which you can use it in favour of your case. I tell you something, if some one is away for 30 days for business purpose, his total absence falls within 180 days when he applies ILR, Do you think that he is going to claim 30 days absence for business trip by providing letter from employer? He will claim only if he exceeded 180 days. I am applying the same concept in your case. Probably you can say as you already stated work related instead of Holiday.

[fisher]

I make my statement clear, I am telling you to lie or not directing to aginst law. There are some grey area in the UK immigration which you can use it in favour of your case. I tell you something, if some one is away for 30 days for business purpose, his total absence falls within 180 days when he applies ILR, Do you think that he is going to claim 30 days absence for business trip by providing letter from employer? He will claim if he exceeded 180 days. I am applying the same concept in your case. Probably you can say as you already stated work related instead of Holiday.

thanks senthil. i appreciate your help. i will go ahead and apply anyways and take my chance. lets see if god is with me.

[senthil78]

I make my statement clear, I am telling you to lie or not directing to aginst law. There are some grey area in the UK immigration which you can use it in favour of your case. I tell you something, if some one is away for 30 days for business purpose, his total absence falls within 180 days when he applies ILR, Do you think that he is going to claim 30 days absence for business trip by providing letter from employer? He will claim if he exceeded 180 days. I am applying the same concept in your case. Probably you can say as you already stated work related instead of Holiday.

thanks senthil. i appreciate your help. i will go ahead and apply anyways and take my chance. lets see if god is with me.

I just read my post and found typing error, I missed "not" in the statement "I am telling you to lie" which is "I am not telling you to lie" Probably you would have understood what I would have meant. All the best, post your outcome.

[mrlookforward]

I make my statement clear, I am not telling you to lie or not directing to aginst law. There are some grey area in the UK immigration which you can use it in favour of your case. I tell you something, if some one is away for 30 days for business purpose, his total absence falls within 180 days when he applies ILR, Do you think that he is going to claim 30 days absence for business trip by providing letter from employer? He will claim only if he exceeded 180 days. I am applying the same concept in your case. Probably you can say as you already stated work related instead of Holiday.

Senthil78 is spot on. No point complicating things. Just take his advice on board, and be happy.