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Major Breaks in UK Stay. Any advice?

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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robinpaul78
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Major Breaks in UK Stay. Any advice?

Post by robinpaul78 » Tue Aug 07, 2012 10:27 am

Hi

I would be technically completing 5 years in UK in March 2013 on HSMP/Tier 1 General visa. However during this periog due to professional reasons i have been away from UK for more than 972 days. This count will reach 1000 by the time i complete 5 years. I have gaps in between as well exceeding 90 days 4 times. All these gaps are due to Professional reason (except for a few for vacations). I have been working for the same employer during this period and have been paid salary in UK all this while. I have the salary slips, P60s to support my employment during this period.

What are my chances of getting a positive result if i apply for an ILR?


From To Number of days outside of UK
  • 20-Apr-08 23-Apr-08 2
    1-May-08 28-May-08 26
    1-Sep-08 4-Sep-08 2
    3-Oct-08 12-Oct-08 8
    27-Oct-08 1-Nov-08 4
    24-Nov-08 24-Nov-08 0
    4-Dec-08 5-Dec-08 0
    12-Dec-08 14-Dec-08 1
    17-Dec-08 6-Jan-09 19
    5-Feb-09 5-Feb-09 0
    13-Feb-09 15-Feb-09 1
    6-Apr-09 9-Apr-09 2
    5-Jun-09 24-Jun-09 18
    19-Jul-09 24-Jul-09 4
    4-Sep-09 22-Sep-09 18
    23-Sep-09 1-Oct-09 7
    10-Nov-09 12-Nov-09 1
    25-Nov-09 28-Nov-09 2
    1-Dec-09 4-Dec-09 2
    21-Dec-09 7-Jan-10 16
    9-Jan-10 13-Jan-10 3
    3-Feb-10 13-Feb-10 9
    4-Mar-10 1-Apr-10 27
    1-Apr-10 11-Aug-10 100
    11-Aug-10 20-Aug-10 9
    20-Aug-10 20-Jan-11 152
    20-Jan-11 3-May-11 102
    3-May-11 22-Jul-11 80
    22-Jul-11 28-Aug-11 36
    28-Aug-11 20-Oct-11 22
    27-Oct-11 4-Nov-11 7
    5-Nov-11 4-Feb-12 90
    5-Feb-12 14-Jul-12 159
    22-Jul-12 6-Sep-12 43
972 days

Regards
Robin Paul

Lucapooka
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Post by Lucapooka » Tue Aug 07, 2012 10:31 am

You are ineligible for ILR. You have no choice other than to extend.

Having done that you can then try to find a point in your history where you leave seems continuous and try not to break that until it accumulates five years.

Rajuk09
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Post by Rajuk09 » Tue Aug 07, 2012 10:34 am

Lucapooka wrote:You are ineligible for ILR. You have no choice other than to extend.

Having done that you can then try to find a point in your history where you leave seems continuous and try not to break that until it accumulates five years.
Can't the OP get a letter from employer with hall the dates outside UK and mentioning the reasons will be accepted ?

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robinpaul78
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Major Breaks in UK Stay

Post by robinpaul78 » Tue Aug 07, 2012 10:44 am

I can get a letter from my Employer listing the dates as well as reason why i had to be away from London for each trip, if it helps my case.

Lucapooka
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Post by Lucapooka » Tue Aug 07, 2012 10:54 am

Not much use for a break that extends from February to July (to cite just one example from the many listed). That's over 3 months.

ryan2020
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Post by ryan2020 » Tue Aug 07, 2012 4:29 pm

well quite less chances :) there is no harm in trying .people who had 800 absence (which i don't believe he got in PEO) can get it try your luck as well with a very arguing solicitor.

According to the forum i have seen its depends on your communication skills. if are good talker you can push the CW to disregard your absences.

but lucapooka also right u have >90 days 3 times... so its quite hard.

uksettlement
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Post by uksettlement » Tue Aug 07, 2012 6:28 pm

Hi Guys,

I have total absence of 253 days and one business trip which lasted 150 days. However, it was for work and I have all the proofs to prove that I was required by my employer to spend time outside setting up this business unit.

Throughout I was paid in the UK and also got Pay hike when I was overseas. After completion of the project I have been in UK for 3 years without a single break. Also got promoted after coming back to the UK after the project.

Do you think realistically I have a chance?

Thanks!

Lucapooka
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Post by Lucapooka » Tue Aug 07, 2012 6:54 pm

You will get a much better response if you start your own thread rather tnan hi-jack someone else's.

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