Long Absence from UK & applying for ILR

[jcb12345]

Hi Guys,

I came to UK in 2006 Aug through company sponsored work permit & switched to Tier 1 in Aug 2008. I then moved to my home country in Jul-2009 & came back to UK again in Mar-2010, so I spent around 9 months outside UK during this period. All this while, I have been with the same company. I left my earlier company & join current company sometime in 2011.

Because of around 9 months absence from UK, I couldn't apply for ILR in 2011 & so went for Tier 1 extension & then again another extension in 2013 which expires in 2016.

Recently came to know about the rules changes in Dec 2012 that allows up to 180 days of absence from UK in a consecutive 12 months period. So, I have been thinking if I should apply for ILR now.

I am planning to break-up absences as below:

Year | From Date to To-Date | No of Days away from UK
---------------------------------------------------------------------
Year1 |15-Oct-2013 to 16-Oct-2012 | 21 Days
Year2 |15-Oct-2012 to 16-Oct-2011 | 30 Days
Year3 |15-Oct-2011 to 16-Oct-2010 | 30 Days
Year4 |15-Oct-2010 to 16-Oct-2009 | 150 Days
Year5 |15-Oct-2009 to 16-Oct-2008 | 110 Days
Year6 |15-Oct-2008 to 16-Oct-2007 | 20 Days
Year7 |15-Oct-2007 to 16-Oct-2006 | 5 Days

As you can see, in the Year5 & Year4 I was away from UK for 150 days & 110 days respectively which are well within the permissible limit of 180 days in each of the consecutive 12 months periods. However, I spent the entire 9 months in my home country working for the same company & getting paid in my home country, though I intended to split entire stretch of absence in 2 blocks i.e. Year4 & year5.

Questions:

1. Has anyone been in a similar situation & applied for ILR recently ?

2. Do I need to provide an explanation letter for the absences ? If I have to, should I avoid mentioning about my employment in my home country during the period as I was already in Tier1 ? Or would a letter from my earlier Employer stating the reason for long deputation at home country office suffice ?

I will really appreciate any inputs and helps on this.

Cheers,

[shaik.leeds]

Hi Jcb12345,

I think you are eligible for your ILR. As your absence is not exceeding 180days in one year period you are surely eligible.

[jcb12345]

Thanks shaik.leeds !

Any idea if I need to provide cover letter to explain about the absence ?

[Sarfi]

Hi Guys,

I came to UK in 2006 Aug through company sponsored work permit & switched to Tier 1 in Aug 2008. I then moved to my home country in Jul-2009 & came back to UK again in Mar-2010, so I spent around 9 months outside UK during this period. All this while, I have been with the same company. I left my earlier company & join current company sometime in 2011.

Because of around 9 months absence from UK, I couldn't apply for ILR in 2011 & so went for Tier 1 extension & then again another extension in 2013 which expires in 2016.

Recently came to know about the rules changes in Dec 2012 that allows up to 180 days of absence from UK in a consecutive 12 months period. So, I have been thinking if I should apply for ILR now.

I am planning to break-up absences as below:

Year | From Date to To-Date | No of Days away from UK
---------------------------------------------------------------------
Year1 |15-Oct-2013 to 16-Oct-2012 | 21 Days
Year2 |15-Oct-2012 to 16-Oct-2011 | 30 Days
Year3 |15-Oct-2011 to 16-Oct-2010 | 30 Days
Year4 |15-Oct-2010 to 16-Oct-2009 | 150 Days
Year5 |15-Oct-2009 to 16-Oct-2008 | 110 Days--- This may acculumate to >180; I think "in any of the five, two, three or four consecutive 12 month periods" doesn't sound as year 1, 2, 3, 4 & 5 but in 5 yeras, or 4 years, or 3 years or 2 years in total 5 years. So 9-months >180 need PRPOER justification. Seek proper advice before applying.
Year6 |15-Oct-2008 to 16-Oct-2007 | 20 Days
Year7 |15-Oct-2007 to 16-Oct-2006 | 5 Days

As you can see, in the Year5 & Year4 I was away from UK for 150 days & 110 days respectively which are well within the permissible limit of 180 days in each of the consecutive 12 months periods. However, I spent the entire 9 months in my home country working for the same company & getting paid in my home country, though I intended to split entire stretch of absence in 2 blocks i.e. Year4 & year5.

Questions:

1. Has anyone been in a similar situation & applied for ILR recently ?

2. Do I need to provide an explanation letter for the absences ? If I have to, should I avoid mentioning about my employment in my home country during the period as I was already in Tier1 ? Or would a letter from my earlier Employer stating the reason for long deputation at home country office suffice ?

I will really appreciate any inputs and helps on this.

Cheers,

[jcb12345]

Year4 |15-Oct-2010 to 16-Oct-2009 | 150 Days
Year5 |15-Oct-2009 to 16-Oct-2008 | 110 Days--- This may acculumate to >180; I think "in any of the five, two, three or four consecutive 12 month periods" doesn't sound as year 1, 2, 3, 4 & 5 but in 5 yeras, or 4 years, or 3 years or 2 years in total 5 years. So 9-months >180 need PRPOER justification. Seek proper advice before applying.

Hi Sarfi - Does it mean that 180 days is for the entire 5 years period ?

My understanding is that absences from UK should NOT be more than 180 days in a block of consecutive 12 months period i.e. 1 year period.

[Sarfi]

Year4 |15-Oct-2010 to 16-Oct-2009 | 150 Days
Year5 |15-Oct-2009 to 16-Oct-2008 | 110 Days--- This may acculumate to >180; I think "in any of the five, two, three or four consecutive 12 month periods" doesn't sound as year 1, 2, 3, 4 & 5 but in 5 yeras, or 4 years, or 3 years or 2 years in total 5 years. So 9-months >180 need PRPOER justification. Seek proper advice before applying.

Hi Sarfi - Does it mean that 180 days is for the entire 5 years period ?

My understanding is that absences from UK should NOT be more than 180 days in a block of consecutive 12 months period i.e. 1 year period.

No you can a lot more than 5*180 even but my understanding is that in any 12 Consecutive months over 60 months (5 years) mustn't have absence > 180; so in 5 years; you can have upto n*179 days; where n =,>5. As in your case 9 Months absence mean in any 12 months chunk which may contain whole of those 9 months willn't follow<180 days rule. I m in same situation as well. mine absences each <180 but total in 12 months consecutive>180. Also I think the day your 5 years starts from; you must be in UK on that day i.e. you cannot pick a suitable day from your leave which can make your absence <180; you have to start from first day of any entry. Hope this CLEARs more.

[jcb12345]

No you can a lot more than 5*180 even but my understanding is that in any 12 Consecutive months over 60 months (5 years) mustn't have absence > 180; so in 5 years; you can have upto n*179 days; where n =,>5. As in your case 9 Months absence mean in any 12 months chunk which may contain whole of those 9 months willn't follow<180 days rule. I m in same situation as well. mine absences each <180 but total in 12 months consecutive>180. Lets see if anyone in similar situation had managed to get ILR

Also I think the day your 5 years starts from; you must be in UK on that day i.e. you cannot pick a suitable day from your leave which can make your absence <180; you have to start from first day of any entry. Hope this CLEARs more. Regarding the dates, it should be counted backwards from the date you intended to apply, of course provided you are eligible for 5 years continuous stay in UK.