Advise about more than 90 days of continuous stay outside UK

[Gundara]

Hi,

I have first landed in UK on 26 April 2008 and I will be completing 5 years on 26th April 2013. I am planning to book an appointment and apply for ILR in first week of April 2013. But my case is not straight forward and need some advise. I went to India on 22-Aug-2010 for attending a family function with a leave till 1st week of Sep 2010 and had a plan of traveling back to UK in 1st Week of Sep-2010. But my position in the project in UK was occupied by another person and I had no position to come back to UK which I got to know from my manager before I had completed my leave. I have joined another company who agreed to sponsor a Tier 2 general visa for me. I quit my old company on 01-Oct-2010 and joined new Company on 04-Oct-2010 and got my Tier2 General Visa stamped on 30-Nov-2010 and traveled to UK on 22-Dec-2010 and it makes a total of 122 continuous days. After coming to UK I have changed my Visa status from Tier 2 General to Tier 1 General in May-2011 and now I am on Tier 1 general.

As per UKBA rules I should not be staying outside UK for more than 90 continuous days and total stay should not be more than 180 days outside UK in 5 years. I have broken the first rule, but my total no of days outside UK in 5 years is less than 180 days.

But as per the new rules from 13th Dec 2012, there can be a gap of more than 90 days outside UK with a valid reason.

What are the chances of me getting an ILR if I apply and provide the reasons I have mentioned. Any suggestions would help me a lot.

Visa details and Leave details:

Visa Type Valid From Valid To Issuing Country
Workpermit 23.01.2008 31.12.2009 India
Tier2 ICT (Ext of WP) 11.12.2012 UK
Tier 2 General 30.11.2010 08.12.2012 India
Tier 1 General 03.05.2011 03.05.2013 UK

Leave details

Trip No Start Date End Date No of Days
1 22.08.2010 22.12.2010 122
2 18.03.2010 24.03.2010 6
3 11.03.2012 25.03.2012 14
4 11.10.2009 27.10.2009 16
5 23.07.2010 01.08.2010 9
6 29.09.2012 08.10.2012 10

Total 177


Thanks.

[uksettlement]

firstly 90 days is no longer a condition anymore.

http://www.whatdotheyknow.com/request/c ... ment-35668

Also it isn't 180 days total but 180 days in each of the 5 years.

Your absences are fine but you still need a letter from your employer stating the absence was required for the role etc or it was a paid leave as it is one of the requirements for non tier 1 work visa going for ILR.

[Gundara]

Hi,

Thanks for the reply. But now I am applying on Tier1 general.

Also When I came back to UK in 2010 I came on a new Visa. Is that going to be of any problem.

Thanks.

[uksettlement]

ah didn't realise you are on tier 1 now. It shouldn't be an issue however, i would want the confirmation from other members.

[cs95tdg]

OP, I've summarised what I understand from your post below. Can you provide answers to the question marks? And also correct anything which I may have misunderstood.

Workpermit EC date: 23.01.2008
Date of first entry on WP: 26.04.2008
WP Expiry date: 31.12.2009
Tier2 ICT in-country LTR expiry date: 11.12.2012
Left UK on 22-Aug-2010
Tier2 ICT LTR terminated on: ?? (Do you know when this was done? I'm making a guess that your T2-ICT employer would have submitted a NPEE to the UKBA to end your LTR grant when you resigned. Making a SAR may help find out this date, if you don't know it.)
Tier2 General EC application date: ??
Tier2 General EC date: 30.11.2010
Tier2 General Expiry date: 08.12.2012
Date of First entry to UK on T2G: 22.12.2010
Tier1 General LTR application date: ??
Tier1 General LTR effective date: 03.05.2011
Tier1 General LTR expiry date: 03.05.2013

While not exactly the same, you may find it useful to read the following topic, which is similar: http://www.immigrationboards.com/viewtopic.php?p=779830

[Gundara]

Hi,

Thanks a lot for your response. But what is SAR and how do I apply it.

Thanks.

[cs95tdg]

SAR = Subject Access Request. See: http://www.ukba.homeoffice.gov.uk/navig ... onal-data/