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ILR after an year break

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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whoru007
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ILR after an year break

Post by whoru007 » Thu Jun 02, 2016 3:25 pm

Hey Guys,

I am in a dilemma with whether I am illegible for ILR application or not. Here is my situation,

I came to UK in Jan 2011 and worked as a Social Worker in London till Dec 2013 when I had decided to take sabbatical for a year and remained in outside UK for about a year and moved back to UK in Jan 2015 assuming Senior role in same organisation. Technically, I will be completing 5 years of residence in UK coming December 2016 which excludes one year sabbatical.

Apart from the sabbatical, I've never been out of UK for more than 90 days in any Calendar Year. The sabbatical that I took was due to not being able to cope-up with pressure that you get from non-sense people who abuse social-work and getting badly man-handled by one of the client.

I might be able to convince my organisation that break that I took was for good reasons and helps me to function in more efficient way, but they might just refuse to say this in writing.

Please guide me on what options do I have?

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CR001
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Re: ILR after an year break

Post by CR001 » Thu Jun 02, 2016 3:44 pm

Unless you can split the absence into 2 different 12 months periods, unlikely you will be successful with ILR as absence of more than 180 days in a 12 months cycle breaks continuous residence.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: ILR after an year break

Post by secret.simon » Thu Jun 02, 2016 3:51 pm

whoru007 wrote: till Dec 2013 when I had decided to take sabbatical for a year and remained in outside UK for about a year and moved back to UK in Jan 2015
The specific dates will almost certainly matter in these cases.
whoru007 wrote:I've never been out of UK for more than 90 days in any Calendar Year
It is not the calendar year that matters, but the year as considered from the date of application. So, if you were to apply today, the years would be counted as below.
03/06/2011-02/06/2012
03/06/2012-02/06/2013...etc.

In such a case, say by taking 1st July as the application date, can you break the holidays up in such a way that your year abroad does not constitute more than 180 days in any one year?

Remember that only whole days outside the UK count. So, the day you left and arrived in the UK for each break do not count as absences.

As an aside, can I suggest you change your username? I did a double-take when I was reading the thread.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

whoru007
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Re: ILR after an year break

Post by whoru007 » Thu Jun 02, 2016 5:28 pm

secret.simon wrote: It is not the calendar year that matters, but the year as considered from the date of application. So, if you were to apply today, the years would be counted as below.
03/06/2011-02/06/2012
03/06/2012-02/06/2013...etc.
I think what bothers me most is a fact that I've been outside UK for almost over a year.
secret.simon wrote:As an aside, can I suggest you change your username? I did a double-take when I was reading the thread.
I didn't get your point! Also couldn't see an option to do so in control panel.

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CR001
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Re: ILR after an year break

Post by CR001 » Thu Jun 02, 2016 5:34 pm

whoru007 wrote:
secret.simon wrote:As an aside, can I suggest you change your username? I did a double-take when I was reading the thread.
I didn't get your point! Also couldn't see an option to do so in control panel.
Your username is very similar to a very ugly and insulting name that a woman can be called. If you want your username changed, tell us to what and we will change it.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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