More than 130 days outside UK

[rkumar1]

I have travelled to UK first on a Tier 2 (ICT) Work Permit in 2007. In 2011 I got Tier 1 (General). I am due to apply visa next month. I will be applying on 19th March 2013. Now as per the guidance below are the periods and the days I have been out of UK

19-Mar-13 18-Mar-12 40 Tier 1
19-Mar-12 18-Mar-11 45 Tier 1
19-Mar-11 18-Mar-10 43 Tier 2
19-Mar-10 18-Mar-09 140 Tier 2
19-Mar-09 18-Mar-08 170 Tier 2

Now as you can see in the very first two periods 18-Mar-08 to 19-Mar-2010, I have been away from the country for more than 90 days. May payroll was shifted to country outside UK and I was not paid in UK. The reason to travel back to origin country was to setup team and business reason.

My question

Am I still eligible for applying for ILR or do I need to wait for another two years before I can apply?

[uksettlement]

U r eligible. More than 90 days at a stretch absence isn't an issue anymore.

This is the response I got from ukba.....


http://www.whatdotheyknow.com/request/c ... ermited_ab

[rkumar1]

Thanks for your reply!

One confusion I still have is that is it important that the payroll is still in UK while you are outside the UK? In other words since I was on Tier 2 I had to travel back to origin country for 170 days where I was paid in origin country own currency i.e. not paid in UK. same for the 140 days period. Is it counted as a break or is fine with UKBA?

Really appreciate your help and advice.

[uksettlement]

That should be fine but you need letter from work stating absences were required for work related reasons for tier 2 period.

[rkumar1]

Hi! In the guidance one of the point says:

If the absences are in connection with other employment outside the UK, which
demonstrates the UK employment is secondary, these are not permitted absences, and the
continuous period requirement is considered broken.

Does it mean that if I was a travel from another country to UK for a project and went back for some time and came back on another project after 5 months, I have broken the continuous period.

My confusion is if I am outside UK for 180 days I still need to be paid in UK or be away because of some reason which was unavoidable.

Please advise.

[uksettlement]

Hi! In the guidance one of the point says:

If the absences are in connection with other employment outside the UK, which
demonstrates the UK employment is secondary, these are not permitted absences, and the
continuous period requirement is considered broken.

Does it mean that if I was a travel from another country to UK for a project and went back for some time and came back on another project after 5 months, I have broken the continuous period.

My confusion is if I am outside UK for 180 days I still need to be paid in UK or be away because of some reason which was unavoidable.

Please advise.

No because the employer was the same wasn't it? It could be a different project you were working on that shouldn't be an issue.

[rkumar1]

That is true. I have been with the same employer since 2007. It is only that for the first year of my 5 years, I was outside UK for 170 days and I was being paid in India and I didn't paid any tax in UK as my payroll was in India and I was not paid at all in UK. Similarly I had to travel back in India for 120 days in the second year, where my payroll was moved back to India and I was not paid in UK at all.

Having said that and looking at your previous response it seems I am still eligible for ILR as throughout the period the employer was same and if they provide a letter stating that
1. I had to travel outside UK for business purpose in my employment
2. My current salary
3. A note saying that I am still required for the job
4. My employment start date same as the first entry date stamp on my visa
5. Total Annual leaves
It would be sufficient as a proof and supporting document.

Thanks very much for your help and advise.