Foreign National (Tier 1 General) working as UK Expat

[Bojana M.]

Hello,

I would appreciate if someone can help me with the following:

In Immigration Directorate Instructions Dec 2011 Rules it is stated the following:

2.3 Discretion in cases where continuous residence has been broken:

Time spent here may exceptionally be aggregated, and continuity not insisted upon, for cases where:
- there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant’s employment or business in the United Kingdom. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.

However, in ‘Indefinite leave to remain - calculating continuous period in UK’ Rules Apr 2013 it is stated:

Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. However, consideration may still be given to granting indefinite leave to remain (ILR) outside the rules if evidence is provided to show the excessive absence was due to serious or compelling compassionate reasons. Evidence, in the form of a letter from the applicant setting out full details of the compelling reason for the absence and supporting documents must be provided. Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.

I have left UK in Feb 2012 to work as Expat for UK based company. I have not returned to UK for a year, and am still living abroad. Decision to work abroad I have made considering the Rules from 2011. Considerring that I would be able to apply for ILR upon my return.

I will have returned to UK in September 2013.

If I disregard my leave I will have been on Tier 1 (General) for 5 years in September 2013. Am I eligible to apply for ILR. If not, will I be able to do so after I accumulate 5 years of residing in UK, counting the time I spent in UK before I became UK Expat? Ie. Will I be able to apply after 1.5 years (time I will have spent as UK Expat).

Please support me on this query or refer me to the right government body that can explain.

Thank you,

[mulderpf]

The rules you fall under is based on the rules when you actually apply for that category, not based on past rules.

Over and above that, even if the old rules were to apply for you, you would definitely not ne eligible ILR as there used to be a limit of 180 days in the entire 5 year period (the discretion was limited UP to this amount). If you cannot even satisfy the 180 day limit a year currently, you definitely would not have satisfied the ultimate limit of 180 days over the 5 years.

And then there was also the rule of 90 days per trip (someone else might want to clarify, I cannot remember if it was strictly enforced). You are way beyond that.