Question regarding eligibility for ILR

[kannit]

Hi,

I came to UK in Apr-2007 and currently on Tier 1 visa since Apr-2008. Though it has been more than 5 years since I came here but I had to return to India in Jul-2009 because my father was taken ill. Unfortunately he passed away in couple of months (Aug-09) but I continued to stay in India to support my mother due to hard time. I came back to UK in Nov-2010 and started job.

So in effect I was not present in UK for 15 months continuously. I know that as per UKBA rules for ILR, this long discontinuity is not permitted but I still want to know if I stand a chance for ILR today on any grounds?

Secondly if I apply for ILR and it gets rejected due to above, then will it impact my future application for ILR?

I'll appreciate valuable response from members on this forum.

Regards

[cs95tdg]

I came to UK in Apr-2007 and currently on Tier 1 visa since Apr-2008. Though it has been more than 5 years since I came here but I had to return to India in Jul-2009 because my father was taken ill. Unfortunately he passed away in couple of months (Aug-09) but I continued to stay in India to support my mother due to hard time. I came back to UK in Nov-2010 and started job.

So in effect I was not present in UK for 15 months continuously. I know that as per UKBA rules for ILR, this long discontinuity is not permitted but I still want to know if I stand a chance for ILR today on any grounds?

IMHO, it will be highly unlikely that you will be granted ILR based on the absence mentioned above. The only slim possiblity I see is if your application is considered under compassionate grounds. Did you have any ties to the UK during the time period mentioned above when you were absent? I.e. Employment income in the UK, spouse/family living in the UK etc...

[kannit]

Did you have any ties to the UK during the time period mentioned above when you were absent? I.e. Employment income in the UK, spouse/family living in the UK etc...

Unfortunately no ties were maintained. My wife was in UK for 4 more months after I left and in Dec-09 she went back to India as well to join me.

[kannit]

Hi,

One more point I wanted to mention was that the passport which shows that I was outside UK for 15 months was stolen in Europe. Also while going out of UK, they do not stamp the passport so there would be no out date. So I am not sure how can they cross check whether absence actually happened?

Can this fact go in my favor? Is it worth concealing in application that I was outside UK for 15 months and apply for ILR?

Please give your thoughts

Regards

[nottinghill]

Don't worry about the stolen passport .

They have all your entry clearance dates in their system and that's the first thing CW check when you go in PEO.

[kannit]

Don't worry about the stolen passport .

They have all your entry clearance dates in their system and that's the first thing CW check when you go in PEO.

What a shame! I know people have gotten around this situation by some cover up but I don't know how ?

[uksettlement]

Hi Kannit,

Concealing the facts is the last thing you should do in your application regardless of the passport being stolen.

Compassionate clause might work in your case but as mentioned on this thread it has a slim possibility of being successfully.

Thanks!