ILR with 1.5 years absence

[xs2jitender]

Hello,

I am looking for some urgent help with my case as I have appointment booked for tomorrow.

I have tier 2 Ict since Apr 2009 and have got all extensions from UK.

I have been in UK from Apr 09 to Feb 10 and then Sep 11 till date. I confirmed from a solicitor and he said I am eligible for ilr as of today. So I booked in person appointment for 22 Apr (tomorrow)

Today just be doubly sure I called UKVI and they said my application will be rejected as I have 1.5 years of gap and that has reset my continues period.

Can someone plz help me urgently and guide.

Thanks,
Jitender

[geriatrix]

You are allowed only 180 days of absences (from UK) in a 12 month period - for each of the five 12 months periods preceding the ILR application.
FAQs for ILR - Tier 1G/Tier 2/WP/HSMP - Read before posting

Since you returned in September 2011, the absences between April 22, 2011 and day of return in September 2011 will be less than 180.
So you should be okay.

[xs2jitender]

Thanks a lot for confirming.

Is there any thing specific I should get in letter from employer about this long gap. Currently I have got employer letter showing 1.5 years absence as business trip.

[vkumarkulkarni]

Dear xs2jitender,

My case also has gaps, need to speak to a good lawyer/solicitor. Can I pl request you to share the details of your solicitor. You can either send details in your current post or send me a private message. Pl do the needful.
Thank you mate.

Cheers,
Vinzee

[CR001]

Dear xs2jitender,

My case also has gaps, need to speak to a good lawyer/solicitor. Can I pl request you to share the details of your solicitor. You can either send details in your current post or send me a private message. Pl do the needful.
Thank you mate.

Cheers,
Vinzee

Members are not permitted to post contact info for solicitors. The OP in this topic also cannot send private messages as the OP is a new member.

Your question has already been answered in your own topic by geriatrix.

[vkumarkulkarni]

Hi CR001,

Sorry I wasn't aware of the rule of not posting info of solicitors.
geriatrix was kind enough to answer my query, however I read here that a gap of 1.5 yrs can be covered by an advice from solicitor. As my case is quite similar to the one below. I thought to seek help from the same solicitor.

[Casa]

You are allowed only 180 days of absences (from UK) in a 12 month period - for each of the five 12 months periods preceding the ILR application.
FAQs for ILR - Tier 1G/Tier 2/WP/HSMP - Read before posting

Since you returned in September 2011, the absences between April 22, 2011 and day of return in September 2011 will be less than 180.
So you should be okay.

Unless I've misunderstood, it appears that the OP was away from Feb 2010 until Sept 2011.

[geriatrix]

Unless I've misunderstood, it appears that the OP was away from Feb 2010 until Sept 2011.

You have understood correctly but ..

For a (PBS ILR) application submitted on 22-Apr-2016, the qualifying period of continuous residence starts from 22-Apr-2011. Whether the applicant was absent before this date is irrelevant here.

OP returned to UK in September 2011, so for the purpose of his (PBS) settlement application the period of absence is from 22-Apr-11 to (one day before the date of return in) September 2011 ..... even though he was "physically" absent from UK since Feb. 2010.

[geriatrix]

As my case is quite similar to the one below.

Your case is as similar to OP's as the distance between the Sun and Pluto!

[Ahmedali29]

Unless I've misunderstood, it appears that the OP was away from Feb 2010 until Sept 2011.

You have understood correctly but ..

For a (PBS ILR) application submitted on 22-Apr-2016, the qualifying period of continuous residence starts from 22-Apr-2011. Whether the applicant was absent before this date is irrelevant here.

OP returned to UK in September 2011, so for the purpose of his (PBS) settlement application the period of absence is from 22-Apr-11 to (one day before the date of return in) September 2011 ..... even though he was "physically" absent from UK since Feb. 2010.

Does this apply to 10 years long residence too?

[CR001]

Unless I've misunderstood, it appears that the OP was away from Feb 2010 until Sept 2011.

You have understood correctly but ..

For an (ILR) application submitted on 22-Apr-2016, the qualifying period of continuous residence starts from 22-Apr-2011. Whether the applicant was absent before this date is irrelevant here.

OP returned to UK in September 2011, so for the purpose of his (PBS) settlement application the period of absence is from 22-Apr-11 to (one day before the date of return in) September 2011 ..... even though he was "physically" absent from UK since Feb. 2010.

Does this apply to 10 years long residence too?

Any absence of 180 days or more breaks continuity of residence. So if you have absence longer than 180 days, when you return, your clock for long residence starts again. ILR long residence and ILR PBS route are slightly different rules.

[Ahmedali29]

Thanks a lot for your clarification CR001. I much appreciate it.

[xs2jitender]

Thanks everyone for your prompt help. My application went successfully from Croydon.

[aaatech]

Congratulations Jitendr!!

Could you please confirm your SETo form answers for 6.1 and 6.2? what all explanation/evidence provided for absences? Have you mention/explain absences from 22-Apr-2011 only?

thanks.

[mspr335]

Hi Jitender ,

Were you on Tier 2 ICT/Tier 2 general when applying got ILR. if on Tier 2 General was your salary above 35K ? please confirm .
thanks