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Advice on ILR calculating continuous period

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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tina2014
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Posts: 1
Joined: Sun Apr 13, 2014 8:13 am

Advice on ILR calculating continuous period

Post by tina2014 » Sun Apr 13, 2014 9:40 am

Hello Members,

I am looking for your advice on the continuous residence requirements for getting Indefinite Leave to remain in UK for my case. It will be much appreciated if you have a look into my case stated below.

Entry Clearance date: October 2008
Date first entered: July 2010.

Worked in UK between Jul 2010 - Aug 2010 on a project assignement for my indian employer. Returned back to India in the end of Aug 2010.

Sep 2010 - Nov 2010 - Worked in India. (So I was in Indian salary from my first entry in UK Jul 2010 - Nov 2010)

Re-entry to UK on Dec 2010 and residing continuously since Dec 2010.

Based on my case history, Please advise me whether the period between Sep 2010 and Nov 2010 (97 days) when I was in India would be considered for the ILR continuous residency requirement.

As per the home office document for calculation continuous absence, for Tier 1 General it states

“Absences must be connected to the applicant’s sponsored or permitted employment, or the
permitted economic activity being carried out in the UK, for example, business trips or short
secondments.”

Does this mean a person can be away only on annual leave?

Is my period between Jul 2010 – Aug 2010 in UK for the indian employer considered as short secondment?

Can I consider Jul 2010 as my first entry to UK?

Sep 2010 –Nov 2010 – For this absence should I produce a personal letter or show my indian payslips?


Kindly advise for my case details and provide your response to allow me to take a decision as Tier 1 Visa extension is no longer available after April 2015.

Thanks
Tina

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