ILR application: 650 days plus absences

[maggyfu1]

Hi to all the valued members of this board!

First of all ………..thanks to everyone on this board……………for the valuable information and also helping some of us sleep at night knowing there is some hope!

I have read more or less all the posts releated to my issue over the past year, my conclusion is that it still remains a bit of a gamble as there is no clear methodology despite the rules and info posted by UKBA.

So my situation is as follows:

1. Sept 2001: Arrived in the UK on a student visa (foundation year + 3 yr course………4 year visa granted)
2. Sept 2005: Extended my student visa by another year as I took a placement year with a large multinational corporation in the UK
3. Sept 2006: Graduated from University with an engineering degree and immediately hired by company I did my placement year with as an Engineer.
4. Oct 2006: Granted 12 month Science and Engineering graduate scheme visa
5. Sept 2007: Applied successfully for HSMP visa (3 yrs)
6. Oct 2009 : Applied successfully and switched to Tier 1 general, granted until Oct 2012
7. March 2010: Registered as self employed and began own business
8. Oct 2010: Company assigned me to undertake some product development work in another EU country (at Parent company)………..ended up travelling Mon-Fri (weekends in the UK) for nearly 6 months
9. March 2011: Had enough of the travelling and company offered an expat package (for 3 years…………..but documents including contract only done upto Oct 2012 as my UK visa expires then…………..although option available to extend expat as long as I can renew my UK visa).
Some of the salary (about GBP 1000) paid in the UK and the balance to be paid in the other EU country. I have been living and working there since then.
10. Dec 2011: travelled back to the UK for a weekend to meet my friends for the first time since leaving the UK in March 2011. (so absent from UK continuously for 280 days)

Well guys, the question is now I want to apply for ILR under Set (o) 10 yrs lawful stay in the UK. And I am concerned and don’t really think I will get ILR granted due to my absences in the UK, but I am willing to give it a shot despite this as I have seen some people in the forum having success despite the odds and professional advise from solicitors etc.

My absences:
1. Upto Dec 2010 I spent a total of 310 days holidays out of the UK (almost all of them back to home country). All holidays were paid holidays during my professional stay in the UK and the other when I was a student were also mostly paid annual holidays (from part time work etc). On average I spent about 30 days out of the UK on vacation every year.

2. From Oct 2010 to March 2011 I spent 70 days out of the UK on business trips for my employer at the parent company in the EU.

3. From 1st March until Mid Dec 2011: I spent 280 days outside the UK as I was living outside due to my employment needs

4. So from the above 650 days plus absence from the UK. The concern is the recent absences due to my employment which are longer than the stipulated 6 month (180 day) limit.

Other factors:
1. I continue to get a salary from the UK branch of the company…………..this is around GBP 1000 per month.

2. As an expat I received the a majority of my pay in the EU country where the parent company is located.

3. I still continue to pay NI through my UK salary (this has remained unbroken)

4. Last tax year I recorded a small income from my self employment and have paid a small amount of tax on this.

5. This tax year I will be paying UK income tax on about GBP 10,000-15,000 from my self employment business activities. This has yet to be finalized as the tax year hasn’t ended.

6. I am still technically employed by the UK company and will be required to return to the UK after my assignment abroad (sometime around March 2014) or sooner if I cant get my UK visa renewed (but this end is covered as I can extend my Tier 1 if all else fails)

7. I can get a letter from my employer mentioning my assignment abroad and requirement to return to the UK branch.
8. I also have the necessary letters from an accredited accounted and bank statements, P60’s etc for all of the above

9. I have no home etc in the UK at present although I plan to purchase a house etc next year (I guess this is not really relevant as anyone could claim such a thing   in order to show a “strong “ tie to the UK)

10. I would have spent 5 yrs (3yrs HSMP + 2 yrs Tier 1) in Sept 2012

11. I completed my 10 years in the UK back on 25th Sept 2011 ( I mention this in case UKBA count upto when the qualifying period for 10 yrs began, i.e. 23rd sept 2011, then it would make it 7 months absence……………in case it makes a difference.

So I would be grateful if the member of this forum could suggest anything in terms of documents etc that I can prepare in order to make my odds a bit favourable and if you have any advise for me regarding my ILR application. I am planning to apply sometime in March as I will take the KOL test soon. I have been pretty stupid in not making an effort to travel back to the UK for even a weekend to prevent an extended absence of 6 months but this was a major oversight!

So I am going to take a punt on this and any help would be much appreciated if you guys think i should just forget it and renew my Tier 1.

Also does this mean i have to restart the clock now and stay for another 5 yrs on my Tier 1 etc to qualify for ILR (assuming immigration rules arent changed in the meantime!)

Cheers!

[maggyfu1]

Just a note , the self employment was maintained throughout the past 2 years in the UK. I.e the business address, bank accounts, VAT reg etc were all UK held. I was able to conduct the business while i was abroad.

Thanks1

[jagcv4]

Hi just wanted to know did you achieve ILR in the end? I presume you need to show complete documentation. Please update me regarding this?

[maggyfu1]

no i have net applied yet as i wanted to renew my Tier 1 General first as a backup. The problem is a solicitor told me that because my case is not straightforward, it might take a few months but due to my work situation i need my passport to travel as i travel abroad every month.

And the other issue is this darned UKBA online booking system! Its booked up and you can't book anything. been trying for a week now waking up at midnight to book a cancellation or something but nothing! The systems is just quite silly sometime for what they charge for visas these days..............

i mean it would be easier if you have to take the passport once they have finished fanning around with checking the papers!!!

[jagcv4]

I see that you have Tier 1 and you also had HSMP so that makes it 5 years, so why are you applying for Tier 1 extension.

Just briefly reading your case you seem to be eligible. As long as you have paid UK tax and got payslips you should be eligible. Saying this your absences may be an issue but employer's letter should help

[maggyfu1]

Hi Jagcv.,

You are right, basically i have the 5 years needed and also 10 years if needed plus the letter from my employer. But the problem is the absences. I am going to give it a shot........but not sure what will happen. So i was thinking along the lines of securing another 2 years first on Tier 1 and then trying to get a PR either based on 5 year or 10years. I was thinking of going for the 10year ruling as the paperwork is a bit simplified. I have also given up the day job to start my own business..........so i am not sure how this will affect things if i go for the 5 year PR application process as i think i need to show continuing job etc.......not sure but i remember reading something along those lines.

But as always your ideas and opinions are appreciated and do let me know what you think.

Cheers
Maggy