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10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

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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VBK
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India

10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

Post by VBK » Sun Mar 11, 2018 5:27 pm

I have continues uk visa from last 11 years. But I stayed 17 months outside uk during my psw. I came back and got Work Permit. I’ve stayed all together 700 days outside uk with my 17 months gap plus once 4 months because of family emergency and plus all other holidays.

Now I am willing to apply for ILR 10 years route.

Do anyone know if I can apply for ilr settlement visa or not?

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: 10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

Post by secret.simon » Sun Mar 11, 2018 5:37 pm

We can advise further if you can state the dates of your visa applications, the start and end dates of your visas and the dates of your entry and exiting the UK (only major absences of about three months or more).
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.

VBK
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Joined: Sun Mar 11, 2018 2:42 pm
India

Re: 10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

Post by VBK » Sun Mar 11, 2018 6:18 pm

I have applied Work Permit extension in 10 August’17 but didn’t get visa yet and my company’s license is suspended now.

I came to Uk in May’2007.
Major gap is from
(1) 18 December’2011 to 28 May’2013
(2) 10 December’2013 to 10 March’2014

Thank you for quick response.

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: 10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

Post by secret.simon » Sun Mar 11, 2018 6:34 pm

VBK wrote:
Sun Mar 11, 2018 6:18 pm
(1) 18 December’2011 to 28 May’2013
Are you sure about the dates? A gap of more than 180 days breaks continuous residence, so you would only be eligible for ILR(LR), assuming future visas, and no further long absences, etc, in 2023.

Is your Tier 2 extension application still in progress or have you been notified of refusal?
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.

VBK
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Posts: 13
Joined: Sun Mar 11, 2018 2:42 pm
India

Re: 10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

Post by VBK » Sun Mar 11, 2018 6:36 pm

I am sure with the dates. Last year I called Ukba customer service number and told the situation. A lady told me, you can apply after 11 years. Is it applicable?

Tier 2 is still in process. Ukba just notified company about license suspension.
Last edited by VBK on Sun Mar 11, 2018 6:39 pm, edited 1 time in total.

secret.simon
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Re: 10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

Post by secret.simon » Sun Mar 11, 2018 6:38 pm

What was the reason for the 17 month absence?
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.

VBK
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India

Re: 10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

Post by VBK » Sun Mar 11, 2018 6:41 pm

family things

Last year I called Ukba customer service number and told the situation. A lady told me, you can apply after 11 years. Is it applicable?

secret.simon
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Posts: 11261
Joined: Thu Feb 21, 2013 9:29 pm

Re: 10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

Post by secret.simon » Sun Mar 11, 2018 6:45 pm

The UKV&I contact center is outsourced and the staff are not particularly au fait with the Immigration Rules. They are also not accountable for their advice.
VBK wrote:
Sun Mar 11, 2018 6:41 pm
A lady told me, you can apply after 11 years. Is it applicable?
No, the long absence resets your clock to zero. You will next be eligible for ILR(LR) in 2023, assuming continued legal residence in the UK with no single absence of more than 180 days.
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.

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Djsuccess
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Nigeria

Re: 10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

Post by Djsuccess » Sun Mar 11, 2018 7:05 pm

VBK wrote:
Sun Mar 11, 2018 6:36 pm
I am sure with the dates. Last year I called Ukba customer service number and told the situation. A lady told me, you can apply after 11 years. Is it applicable?

Tier 2 is still in process. Ukba just notified company about license suspension.
Do you know why the licence of your sponsor was suspended?
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

VBK
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Posts: 13
Joined: Sun Mar 11, 2018 2:42 pm
India

Re: 10 years route but stayed continuously stayed 17 months outside UK but I’ve Uk visa

Post by VBK » Sun Mar 11, 2018 7:17 pm

Ukba officers came for compliance check in August 2017. They found salary variance of Work Permit staff and some staff working onsite but they suppose to work from registered office.

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