ILR with 10 months gap

karupalli · Post by **karupalli** » Mon May 14, 2007 3:17 pm

Hi,

I have ten months continuous gap in 5 years (as work permit holder). Now I switched to HSMP. Can anybody tell me whether I can apply for ILR?

Thanks in advance.

SYH · Post by **SYH** » Mon May 14, 2007 3:36 pm

why do you have 10 month gap/?

karupalli · Post by **karupalli** » Mon May 14, 2007 5:03 pm

I went to India working for the same company. (My visa was valid in that period ).

Can I say to HO that I am out of UK for business reason? If yes, what documents I need to provide to support that ? (As of now, I dont have any documents)

SYH · Post by **SYH** » Mon May 14, 2007 5:42 pm

You will have to get documents

sunnyday · Post by **sunnyday** » Mon May 14, 2007 6:07 pm

Get your company to issue you a letter proving your business-related absence. Tax that you have been paying while away. etc.

olisun · Post by **olisun** » Mon May 14, 2007 10:01 pm

karupalli wrote:I went to India working for the same company. (My visa was valid in that period ).

Can I say to HO that I am out of UK for business reason? If yes, what documents I need to provide to support that ? (As of now, I dont have any documents)

Were you paid salary in the UK during that period?

karupalli · Post by **karupalli** » Tue May 15, 2007 9:07 am

No.. I have not paid salary in UK in that time....

olisun · Post by **olisun** » Wed May 16, 2007 11:42 am

karupalli wrote:No.. I have not paid salary in UK in that time....

I don't know in detail about what the outcome will be, but one of my ex. collagues application was rejected and was around 1 yr out of the country and his salary was not paid in the UK....

SYH · Post by **SYH** » Wed May 16, 2007 11:54 am

If the UK company sent you out, as a secondment, then it is probably in bounds of their absences related to work.
I think the issue is the amount of time out of the country, it is not like you could have come back to the UK on the weekends and appear to be commuting.
Did you return to the UK periodically during this time frame?

karupalli · Post by **karupalli** » Wed May 16, 2007 1:22 pm

Hi Guys thanks for replying...

No.. I didn't come to uk in that time..

(

SYH · Post by **SYH** » Wed May 16, 2007 1:26 pm

Were you there as a secondment?

olisun · Post by **olisun** » Wed May 16, 2007 3:58 pm

SYH wrote:Were you there as a secondment?

I think the OP works for a Indian company and was sent onsite at the clients place in the UK to implement the project and after the "completion" of the project he was based back in India.

Right?

SYH · Post by **SYH** » Wed May 16, 2007 4:04 pm

they why does he have 5 years as WP holder, at least that is what he says.

olisun · Post by **olisun** » Wed May 16, 2007 5:28 pm

SYH wrote:they why does he have 5 years as WP holder, at least that is what he says.

Because Indian companies keep sending employees back to the UK to implement new / same project for the same client or different clients.

karupalli · Post by **karupalli** » Thu May 17, 2007 10:05 am

Yes...

I worked for an indian company.. which has so many clients in UK....

In My case.. I went to India worked for same company... then I asked one UK company to process my WP... they processed 5 year new wp and I came back (They did new WP even though I have valid WP)...

SYH · Post by **SYH** » Fri May 18, 2007 9:32 am

I think Karapalli
You will need to specify exactly the dates and for whom you were working on each permit to get a better answer.

olisun · Post by **olisun** » Fri May 18, 2007 9:55 am

Btw does one have to supply the P60s for the last 5 yrs when applying for ILR?

olisun · Post by **olisun** » Fri May 18, 2007 9:57 am

karupalli wrote:Yes...

I worked for an indian company.. which has so many clients in UK....

In My case.. I went to India worked for same company... then I asked one UK company to process my WP... they processed 5 year new wp and I came back (They did new WP even though I have valid WP)...

Your case would have been more easier if you came back to UK thru the same company.

Since you went back to India and then after 10 months joined a UK company, technically your ILR clock resets to zero.

Remember HO have a track of all your journeys from / to the UK and you will have to find a good excuse in case you plan to apply for ILR.

SYH · Post by **SYH** » Fri May 18, 2007 10:49 am

the p60's is one way of confirming your stay so I would submit
What do you mean HO have a track of all your journeys to and from the UK??
I don't see how???

gabrieaa · Post by **gabrieaa** » Tue May 29, 2007 6:11 pm

Hi,
I was rejected ILR on the same basis that i was away for 12 months. But i have come through the same company and i am with the same client also. I also had to go back to India for the handover takeover of the project which i was working on. For this i had given my companies letter supporting my statement. Thenk also they have rejected it.

Their logic for rejecting was that i was working abroad so even though my workpermit is valid is INVALID as i am not working here.

And i can't even appeal.

I was getting paid in Indian salary which means i did not pay tax here and as i was moved to India, i did not have any thing paying as council tax or ..

Do i still stand a chance to get it??

I am getting some hopes from Olisun's answer.

Thanks in advance

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ILR with 10 months gap

ILR with 10 months gap

Went to india

Re: Went to india

no payment in UK

Re: no payment in UK

no...

Hi

Re: Hi