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Out of Country for more than 180 days ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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satandrive
Newly Registered
Posts: 28
Joined: Sun Feb 18, 2007 8:33 am

Out of Country for more than 180 days ILR

Post by satandrive » Mon Jul 04, 2011 10:19 am

Hi All,

I am on Tier 1 Visa at present and my ILR is due next year Mar 2012. My initial HSMP was granted on March 2006. Then extension under Tier 1 in 2009.

For Continuous Residence I've not been away for more than 3 month at a time during any of my absence, however in total I've been away for about 315 days from the country. Of which 2 are long absences one for 81 days and the other for 65 days.

* 81 days was I was off sick from work whilst abroad and got paid for this.
* 65 days was I took extra couple of week off from work as unpaid leave for my wedding.

I am in continuous employment from here and am able to prove it.

Please let me know what should be my best approach as I go forward from here. If I need any extra document, or any letter from employer?

Many thanks.

emarketeruk
Junior Member
Posts: 80
Joined: Tue Apr 19, 2011 3:21 pm

Re: Out of Country for more than 180 days ILR

Post by emarketeruk » Mon Jul 04, 2011 12:53 pm

for your sick leave, ensure you have sufficient evidence such as letter from doctor confirming you were sick & unable to travel back. i also hope during this time you have been paid in the UK? if this is the case, have payslips, bank statements during this date to prove this is the case. get a letter from employer confirming you were employed during that period. if you are able to get all the above, you have a high chance of this leave being wiped out

this will bring your leave to 234 days personal days. again for wedding, have evidence of the same, however i am sure this will not discount wedding leaves.

what you should do right now is not to travel abroad until you get your ILR sorted, otherwise you are going to complicate matters.

mk357
Member of Standing
Posts: 318
Joined: Sat Nov 27, 2010 6:54 pm

Re: Out of Country for more than 180 days ILR

Post by mk357 » Mon Jul 04, 2011 1:09 pm

satandrive wrote:Hi All,

I am on Tier 1 Visa at present and my ILR is due next year Mar 2012. My initial HSMP was granted on March 2006. Then extension under Tier 1 in 2009.

For Continuous Residence I've not been away for more than 3 month at a time during any of my absence, however in total I've been away for about 315 days from the country. Of which 2 are long absences one for 81 days and the other for 65 days.

* 81 days was I was off sick from work whilst abroad and got paid for this.
* 65 days was I took extra couple of week off from work as unpaid leave for my wedding.

I am in continuous employment from here and am able to prove it.

Please let me know what should be my best approach as I go forward from here. If I need any extra document, or any letter from employer?

Many thanks.
Hi, you mentioned that your HSMP was approved in March 2006 is that correct? If that is the case you should have got your ILR in March 2010 i.e. after 4 years, but I am guessing its a typo and actual date is March 2007.

Sushil-ACCA
Diamond Member
Posts: 1234
Joined: Wed Apr 02, 2008 2:47 pm
Location: Wembley Park

Re: Out of Country for more than 180 days ILR

Post by Sushil-ACCA » Tue Jul 05, 2011 12:18 am

satandrive wrote:Hi All,

I am on Tier 1 Visa at present and my ILR is due next year Mar 2012. My initial HSMP was granted on March 2006. Then extension under Tier 1 in 2009.

For Continuous Residence I've not been away for more than 3 month at a time during any of my absence, however in total I've been away for about 315 days from the country. Of which 2 are long absences one for 81 days and the other for 65 days.

* 81 days was I was off sick from work whilst abroad and got paid for this.
* 65 days was I took extra couple of week off from work as unpaid leave for my wedding.

I am in continuous employment from here and am able to prove it.

Please let me know what should be my best approach as I go forward from here. If I need any extra document, or any letter from employer?



Many thanks.
present time hard chances

180 days rule but in future HO may relax some rule -look distant
CDOKS

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