ILR Continuous Residence guidance inconsistent

[ps1234]

Hi Experts,

there seems to be inconsistency in guidances. One guidance says that short absences for business trips may be disregarded. (chapter 64A, Annex B)

The modernized guidance however says that absences must not total more than 6 months.

These two do not supplement since the original rule is that absences may not be more than 6 months HOWEVER this may be disregarded if the short absences are related to business.

This is very confusing. I am about to move to a job within my existing company which expects me to travel internationally 50% of the time.

I have been in UK since Sept 2009 and my ILR would be up for application by 2014/15. If I accept my new role, I will end up travelling for 9 months out of the next 18 months that this role is expected to last.

Will this be disregarded given that it is business travel (my employer will provide a letter)?

[emarketeruk]

don't take a chance on your ILR. i have the same issue as i was away for almost 450 days on business and 2 trips above 3 month.

despite paying higher tax n living in the UK, i have to now rely on caseworker discretion to get my ILR & i am awaiting decision from them. after talking to many solicitors & research my chance of getting ILR is 10%..

given that now all they are looking for is a reason to refuse to bring the immigration numbers down, i would highly recommend you to mind your absence limits even for business, unless you want to bet your luck.

[ps1234]

Hi emarketeruk,

I hope your case gets sorted out and you get ILR soon! I for one will be following it with high interest.

My travel will never exceed 3 months - all my trips are like to last only for 2 weeks or so every month.

Do you think you have been given a 10% chance of getting ILR because there was a rush to submit applications before April 2011 and hence the caseworker load is too high leading to summary decisions?

Another question - what is the option available to you if your ILR was rejected? Do you just extend your Tier 1 visa indefinitely?

[emarketeruk]

if you are not exceeding 3 months in one shot that better, but ensure you are able to get letter from your employer for all business related travel, clearly mentioning the dates & the reason for travel.

my chance of getting ILR has nothing to do with the workload they have. this is purely because cases such as mine can only be approved by level 7 immigration officers n not normal caseworkers (ie very senior immigration officer) and our cases cannot be handled in the same day service as its complicated

ideally, to be on the safe side, when you have complicated ILR case, solicitors recommend the applicants extend the existing Tier1 visa before applying for ILR, therefore even if they refuse, you can still continue with your Tire1, however i haven't done that so by the time HO makes a decision, my Tier 1 would be expired, therefore if they refuse, i will not be even able to extend my Tier1. this will leave me with the option of appeal the ILR refusal or return back to my country

living in the UK since 2004 as a skilled migrant, paying 40% tax on my income, having purchased my house, car here and economically active, this is what i have to go through for the sake of the absence drama.

having that sd, my solicitor has also confirmed n i know for fact that i have a very strong case which they may find it hard to refuse on the other side.

fingers crossed & hoping for the best

[xyz123]

Hi Experts,

there seems to be inconsistency in guidances. One guidance says that short absences for business trips may be disregarded. (chapter 64A, Annex B)

The modernized guidance however says that absences must not total more than 6 months.

These two do not supplement since the original rule is that absences may not be more than 6 months HOWEVER this may be disregarded if the short absences are related to business.

This is very confusing. I am about to move to a job within my existing company which expects me to travel internationally 50% of the time.

I have been in UK since Sept 2009 and my ILR would be up for application by 2014/15. If I accept my new role, I will end up travelling for 9 months out of the next 18 months that this role is expected to last.

Will this be disregarded given that it is business travel (my employer will provide a letter)?

There is no conflict. Bottom line is that absence less than 180 would not cause any problem on your ILR (subject to one meeting other requirements). If absences are less than 180, no questions are usually asked re absences as long as there is not a single one more than 90 days.

If absences more than 180, you rely on caseworker to give you a descretion. The way this discretion is considered is whether you have continually beeen based in the UK and have only gone on short holidays or business trips. In your case going out for 9 months would IMO be considered a break. It's down to your luck, rules at that time and supporting evidance you can provide.

[ps1234]

Hi xyz123,

Thanks for the clarification on the perceived inconsistency. I will not be traveling for 9 months at a shot. My next assignment will be for a total of 18 months in which i am expected to travel 50% (so 2 weeks/month) outside of UK. So on an aggregate I travel for 9 months in a period of 18 mths.

emarketeruk, you say your solicitor says you have a strong case - why? Is it because of a strong history of presence in UK through high tax, house, etc?

[khalidmirza]

Hi xyz123,

Thanks for the clarification on the perceived inconsistency. I will not be traveling for 9 months at a shot. My next assignment will be for a total of 18 months in which i am expected to travel 50% (so 2 weeks/month) outside of UK. So on an aggregate I travel for 9 months in a period of 18 mths.

emarketeruk, you say your solicitor says you have a strong case - why? Is it because of a strong history of presence in UK through high tax, house, etc?

Weigh your chances. Importance of this particular job and chances of ILR with more than 180 days out. Clearly weigh pros and cons on both scenarios and you will know the answer. Here on forum people only share their own experiences and each case worker is different. Laws are also flexible to some extent and proof is lot more flexible. Best of luck

[emarketeruk]

Hi ps1234,

to answer your question, this is what i have attached with my application, hence solicitors i have spoken to confirmed i have a strong case, again, there is no guarantee it will work & the rest is luck

1) owning a family house & a mortgage in UK (since 2006)
2) have big business / personal loans in the UK
3) Any long term investment made in this country
4) running a LTD business in the UK owned by me & taxed in UK (corp tax, PAYE, NI as employee & employer
5) proof of UK income during absence (payslips / acc letter / hmrc paye payment etc)
6) proof of any long term, ongoing contractual obligations you have in this country
7) council tax payment during absence period
8)car ownership / road tax payment / TV licence payment, sky tv payment, UK mobile bill, gas, electricity payment during absence
9 ) ability to prove you have no connection in your home country will also supplement all the above. (as i have been to my home country for only 2 weeks since 2004)
10) paying high rate tax in UK over the last few years

and lot more evidence from clients to confirm my presence was required locally for business with all business exp vouchers, comms. all business expenses are accounted in the company tax return as well.

i have 2 business trips, both above 90 days in one shot & around 500 in total. my ILR case is in consideration with HO for nearly 11 weeks & i am still waiting for a reply from them.

even with all the above, my chances are less, however if they refuse me, i stand a greater chance of getting ILR in tribunal. at least this is what i have been told by few solicitors after evaluating my docs.

every case is different & one cannot be compared to the other. once i get a response from them i will update the forum.