ILR Application with LONG absence from UK

[abhayanubhav]

Hello Experts,

I need you guidance urgently. I've been reading all the posts but am unable to conclude on my situation.

I got my Entry clearance on Feb 21st 2008 for HSMP.
I entered UK on 5th May 2008 and been working for the same company since July 2008.I renewed my visa to Tier 1 on Feb 22nd 2010 and again on 15th Oct 2012 since i would have fallen short of the 5years. Now, I am planning to get married in May and thinking of getting my ILR before getting her on dependent Visa.
I've booked an appointment on 7th April 2013 but have been travelling extensively all this time...
My absences are as follows

7th April 2013 - 8th April 2012 220
7th April 2012 - 8th April 2011 88
7th April 2011 - 8th April 2010 200
7th April 2010 - 8th April 2009 180
7th April 2009 - 5th May 2008 30

ALL my absences are purely due to business Travel or paid vacation.I'm still employed with the same company and have all salary slips and P60 for all the years.

Now my question are as follows

Is it wise to get the ILR ( tier 1 expires in Oct 2014 ) before getting your dependent to UK ?
Will i face any problem due to long absences from UK due to work ?

Thanks a ton in advance and i shall look forward to encouraging answers
javascript:emoticon(':)')

Cheers,
Abhay

[seba]

Hi Abhay, I am also having the same situation as you. But I have got only one long absense in my previous 5 years history which crosses more than 270 days at a stretch.

For your cases, I think as you said its all employment related absenses, you could provide all employer supporting letters and details to weigh your application. However, it all depends on the case worker still. Also if the application may nt decided on the same day.You will end up waiting for your passoprt a long time..Since you said you need to go for marriage back home..So think twice and act.

Thanks,

[db83]

Hello Experts,

I need you guidance urgently. I've been reading all the posts but am unable to conclude on my situation.

I got my Entry clearance on Feb 21st 2008 for HSMP.
I entered UK on 5th May 2008 and been working for the same company since July 2008.I renewed my visa to Tier 1 on Feb 22nd 2010 and again on 15th Oct 2012 since i would have fallen short of the 5years. Now, I am planning to get married in May and thinking of getting my ILR before getting her on dependent Visa.
I've booked an appointment on 7th April 2013 but have been travelling extensively all this time...
My absences are as follows

7th April 2013 - 8th April 2012 220
7th April 2012 - 8th April 2011 88
7th April 2011 - 8th April 2010 200
7th April 2010 - 8th April 2009 180
7th April 2009 - 5th May 2008 30

ALL my absences are purely due to business Travel or paid vacation.I'm still employed with the same company and have all salary slips and P60 for all the years.

Now my question are as follows

Is it wise to get the ILR ( tier 1 expires in Oct 2014 ) before getting your dependent to UK ?
Will i face any problem due to long absences from UK due to work ?

Thanks a ton in advance and i shall look forward to encouraging answers
javascript:emoticon(':)')

Cheers,
Abhay

If you need an honest answer, I think you are not eligible for ILR as you have been outside the country for more than 180 days in year 5 & 3. 180 days is the absolute deadline according to UKBA even if they are employment or business related. According to the UKBA guidance if there are serious compelling or compassionate reason, they might consider the case.
Well thats just my view, lets see what others say to this

Read the continuous guidance

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[physicskate]

Hello Experts,

I need you guidance urgently. I've been reading all the posts but am unable to conclude on my situation.

I got my Entry clearance on Feb 21st 2008 for HSMP.
I entered UK on 5th May 2008 and been working for the same company since July 2008.I renewed my visa to Tier 1 on Feb 22nd 2010 and again on 15th Oct 2012 since i would have fallen short of the 5years. Now, I am planning to get married in May and thinking of getting my ILR before getting her on dependent Visa.
I've booked an appointment on 7th April 2013 but have been travelling extensively all this time...
My absences are as follows

7th April 2013 - 8th April 2012 220
7th April 2012 - 8th April 2011 88
7th April 2011 - 8th April 2010 200
7th April 2010 - 8th April 2009 180
7th April 2009 - 5th May 2008 30

ALL my absences are purely due to business Travel or paid vacation.I'm still employed with the same company and have all salary slips and P60 for all the years.

Now my question are as follows

Is it wise to get the ILR ( tier 1 expires in Oct 2014 ) before getting your dependent to UK ?
Will i face any problem due to long absences from UK due to work ?

Thanks a ton in advance and i shall look forward to encouraging answers
javascript:emoticon(':)')

Cheers,
Abhay

If you need an honest answer, I think you are not eligible for ILR as you have been outside the country for more than 180 days in year 5 & 3. 180 days is the absolute deadline according to UKBA even if they are employment or business related. According to the UKBA guidance if there are serious compelling or compassionate reason, they might consider the case.
Well thats just my view, lets see what others say to this

Read the continuous guidance

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

That is my reading of the rules as well. Unless you can somehow make the absences cross into two years to bring each year to below 180, or there are compelling and compassionate grounds (which they do not consider work travel to be), you are a bit, erm, out of luck. The old rules allowed for a wee bit more flexibility, but 180 is the absolute max now per annum.

[abhayanubhav]

Dear All,

I finally got my ILR..
The list of documents that i submitted

1) 5yrs P60
2) 1yrs Pay slips and bank statements
3) Life in UK and point based calculator ( English )
4) letter from the employer for the business travel dates

Few tips follow below..
one thing i noticed that the exit dates are not noted by UKBA...
so a lost passport might help on this case...
make sure that the UK entry dates are CORRECT!!

If you are paying taxes for last 5yrs and have no criminality history...no doubt why 180days rule should be a bottleneck for you..

Regards,
Abhay..

[swapmm9]

Hi Abhay,
Was your application on hold and decision was given after few months for the long absences. Did you present your absences as more than 180 or less than 180 in a year?At which PEO did you apply?

Can you suggest any good solicitor who can help and deal with long absences

Thanks

[UKBALoveStory]

Dear All,

I finally got my ILR..
The list of documents that i submitted

1) 5yrs P60
2) 1yrs Pay slips and bank statements
3) Life in UK and point based calculator ( English )
4) letter from the employer for the business travel dates

Few tips follow below..
one thing i noticed that the exit dates are not noted by UKBA...
so a lost passport might help on this case...
make sure that the UK entry dates are CORRECT!!

If you are paying taxes for last 5yrs and have no criminality history...no doubt why 180days rule should be a bottleneck for you..

Regards,
Abhay..

Can you confirm at what date your applied for ILR?

[Yev83]

Dear Abhay, can you please advise good solicitor who could help with long absence and ILR?
We've been living in the UK on Tier 2 visa for 4 years, then left for work to other country, lived there 2 years, and now back again on Tier 2. In our absense time we have a company registered here and paid taxes. Our child was born here as well.
So I'm just considering if there any possibility for us to get an ILR in couple years, taking into account the time we lived here before? I know that chances are next to nothing with 180 days rule, but may be having a company registered here may help? I do need a good solicitor advice on this. Thanks for any help!