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ILR Eligibility with more than 90 days out of country

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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spzenthil
Member
Posts: 133
Joined: Mon Mar 14, 2011 4:43 am

ILR Eligibility with more than 90 days out of country

Post by spzenthil » Wed Apr 04, 2012 1:09 pm

Hi,

I have stayed in UK for 13 months and went out of country for 120 days, I have been working in India and earning salary in India(No UK Salary). Now I am back in UK. My concern is when I apply for ILR will this 120 days out of country will affect my application?
How can I get this sorted out?

Will my 5 year eligibility gets reset after the 120 days and should I need to start my 5 year eligibility period now only?
Will I be able to get renewal at the end of the initial 5 year period?

Does anybody have experienced anything like this before or any pointers where I can find information about this would be useful.

Thanks for all your help.

Venk_it
Junior Member
Posts: 54
Joined: Wed May 25, 2011 12:23 pm

Re: ILR Eligibility with more than 90 days out of country

Post by Venk_it » Wed Apr 04, 2012 1:22 pm

Honestly, I would say the clock would have been reset as you have more than 90 days of continous absence outside the country. It would have been easier had you had a UK salary paid for the period of absence .

Still, take an advice of a good solicitor if they can provide any alternatives.

spzenthil
Member
Posts: 133
Joined: Mon Mar 14, 2011 4:43 am

Post by spzenthil » Wed Apr 04, 2012 1:30 pm

Thanks for the quick reply. Even my initial thought was the same. trying to find out whether anybody can point me any alternatives.

Another query is I came to UK 6 months late from the Tier 1 start date, so anyways I have to go for another renewal will the UKBA provide only 6 months renewal in my second extension or will it be kind enough to provide me more than that since I have stayed 90 days outside after that and my time has got reset?

Any idea whether this will work out.

Thanks in Advance.

parasiteslost
Junior Member
Posts: 54
Joined: Sun Apr 24, 2011 5:50 pm

Post by parasiteslost » Wed Apr 04, 2012 9:14 pm

spzenthil wrote:Thanks for the quick reply. Even my initial thought was the same. trying to find out whether anybody can point me any alternatives.

Another query is I came to UK 6 months late from the Tier 1 start date, so anyways I have to go for another renewal will the UKBA provide only 6 months renewal in my second extension or will it be kind enough to provide me more than that since I have stayed 90 days outside after that and my time has got reset?

Any idea whether this will work out.

Thanks in Advance.
Your counter has been reset when you exceeded 90 days outside UK. You should count your 5 years from the date that you returned to UK after those 90+ days.
Keep renewing your Tier 1 until you reach 5 years unbroken residence inside the country.

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