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ILR absence (time spent outside the UK)

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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Renni_Aman
Newbie
Posts: 30
Joined: Fri Nov 16, 2012 2:28 pm
Location: London

ILR absence (time spent outside the UK)

Post by Renni_Aman » Fri Nov 16, 2012 2:49 pm

hello everyone,

I have recently joined this forum after it was strongly recommended by a friend who finds it extremely useful. I have a few questions regarding my ILR which is due December 16, 2014.

I first arrived in the UK on January 14, 2005 on an entry clearance visa. I am currently on a PSW visa which is valid until August 2014. During this time, all my stay in the UK is legal.

I have spent a total of 228 days out of the UK (to current date), as follows:

13.Jul.2006 - 27.Aug.2006 - 44 days holiday (unpaid)
08.Oct.2010 - 12.Jan.2011 - 94 days (Visa renewal period)
09.Jun.2011 - 07.Sep.2011 - 90 days (Visa renewal period)

After my student visa was schedule to finish 30.Oct.2010, I could not afford to re-enroll onto another course immediately and hence made to choice to go home (to avoid overstay my visa). I apply for student visitor visa to come back to the UK to re-sit an exam. The first application was refused because I mistakenly apply for more than 6 months (which was the maximum length on visitor visa). Then I reapplied and got through. So the time away was longer. While I was in my home country, I was working with my father (who owns and runs a medium sized investment company).

After I was allowed to come back in the UK with a student visitor visa for 6 months, I was not able to re-new it or change to any other category while in the UK. So I had to return home and I applied for a new student visa, which was granted. I could not applied as soon as I got home, because it some some time to accumulate the funds into my account for the statement. As soon as I received the visa, I made arrangement to travel back to the UK. Again, working while I was there (in my home country).

I am planning to go back home in March 2013 for a business trip (again in my father's company) as he need me to do some work (which I have the experience and skills to do - handling some sensitive data, which he would prefer me to do, as opposed to employ someone else). It would take approximately 2 months to complete.


QUESTION:
1. Have I break any of the 10 years ILR rules so far?
2. Would travelling in March 2013 make my situation any worse?
3. Can I claim working period for the 94 and 90 days away (even though they were mainly for visa renewal purpose)?

Your expert advice would be highly appreciated! Please do so asap!!!

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Nov 16, 2012 2:55 pm

Life isn't fair, but you can be!

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