ILR T1 long absence, am I okay to file ILR?

[MK123]

Hello All,

Below is my visa status in the UK. I have completed 5 years in the UK although with a long absence.

HSMP : Nov 07-Nov 09
T1 : Nov 09-Nov 12
T1 : Nov 12-Nov 14

I have a long absence around 300 days in 2011(Feb-Nov11) when I was in US on H1, I came back to UK and applied my extension. I read in the forums that we can split the long absence into 2 different years, for doing that I can only apply in June. So my available option is June-14 for my ILR before my next extension is due.

Now I am wondering if I can apply my ILR or have to start my ILR clock at Dec11?

Pls advise on my situation and your thoughts are greatly appreciated. Thanks

M

[newbie_2013]

Hello All,

Below is my visa status in the UK. I have completed 5 years in the UK although with a long absence.

HSMP : Nov 07-Nov 09
T1 : Nov 09-Nov 12
T1 : Nov 12-Nov 14

I have a long absence around 300 days in 2011(Feb-Nov11) when I was in US on H1, I came back to UK and applied my extension. I read in the forums that we can split the long absence into 2 different years, for doing that I can only apply in June. So my available option is June-14 for my ILR before my next extension is due.

Now I am wondering if I can apply my ILR or have to start my ILR clock at Dec11?

Pls advise on my situation and your thoughts are greatly appreciated. Thanks

M

keeping the long absence aside, what were your connections with the UK in that 300 day period?!

[MK123]

Hi newbie

I work as a contractor/self employed and ran the payroll for 4 of the 10 months in question. And have the p60 for 2011-12. My limited company was active during the period. And also my T1 was active.

[newbie_2013]

Hi newbie

I work as a contractor/self employed and ran the payroll for 4 of the 10 months in question. And have the p60 for 2011-12. My limited company was active during the period. And also my T1 was active.

Hmmm... This is for the expert members to answer, but it seems like a letter explaining the situation when applying for ILR should be included. From what you've said you do have some economic activity in the UK, but the days out (300!!) might be a potential grey area. Again this is just my thinking but wait for gurus to answer your query.

cheers

[MK123]

Thanks newbie.

Any advise from the expert members here.

Hi newbie

I work as a contractor/self employed and ran the payroll for 4 of the 10 months in question. And have the p60 for 2011-12. My limited company was active during the period. And also my T1 was active.

Hmmm... This is for the expert members to answer, but it seems like a letter explaining the situation when applying for ILR should be included. From what you've said you do have some economic activity in the UK, but the days out (300!!) might be a potential grey area. Again this is just my thinking but wait for gurus to answer your query.

cheers

[UKBALoveStory]

Hello All,

Below is my visa status in the UK. I have completed 5 years in the UK although with a long absence.

HSMP : Nov 07-Nov 09
T1 : Nov 09-Nov 12
T1 : Nov 12-Nov 14

I have a long absence around 300 days in 2011(Feb-Nov11) when I was in US on H1, I came back to UK and applied my extension. I read in the forums that we can split the long absence into 2 different years, for doing that I can only apply in June. So my available option is June-14 for my ILR before my next extension is due.

Now I am wondering if I can apply my ILR or have to start my ILR clock at Dec11?

Pls advise on my situation and your thoughts are greatly appreciated. Thanks

M

It will be useful if you provide the information in the format

Lets say you want to apply in June 2014 then. (Replace June with whenever you want to apply)

June 2013- June 2014- Out of country days?
June 2012- June 2013- Out of country days?
June 2011- June 2012- Out of country days?
June 2010- June 2011- Out of country days?
June 2009- June 2010- Out of country days?

[MK123]

It will be useful if you provide the information in the format

Lets say you want to apply in June 2014 then. (Replace June with whenever you want to apply)

June 2013- June 2014- Out of country days?
June 2012- June 2013- Out of country days?
June 2011- June 2012- Out of country days?
June 2010- June 2011- Out of country days?
June 2009- June 2010- Out of country days?

This is how things stand for me.

June 2013- June 2014- 50(approx)
June 2012- June 2013- 50
June 2011- June 2012- 165
June 2010- June 2011- 170
June 2009- June 2010- 30

Cheers.

[MK123]

Gurus would appreciate some advise here please?

[dminus]

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

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.