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More than 90 days outside UK (ILR)

Posted: Fri Nov 09, 2012 4:10 pm
by dhana6_82
Hi,

I have been outside the country for more than 90 days .I was around 120 days outside UK but I did go for a business purpose but they transferred me to Indian Payroll system during that period and hence the evidence that I have is only indian payslips.Would I still be eligible to apply for ILR? Please advice.

Thanks,
Dhana

Posted: Fri Nov 09, 2012 4:13 pm
by Lucapooka
If this is more than 90 days in one go, it's unlikely given that you were off the UK payroll.

More than 90 days outside UK (ILR)

Posted: Fri Nov 09, 2012 4:25 pm
by dhana6_82
Can I say that I was on for my maternity leave as I have no one to care for me in UK.The maternity and business purpose where 2 linked together..I went on work for 2 months.Had my baby delivered in India and hene had to be there for another 2 more months and left India.But not sure if this reason could be agreed.

Posted: Fri Nov 09, 2012 4:45 pm
by Lucapooka
Yes, you can say that but I don't know how it would be received.

Posted: Mon Nov 12, 2012 8:11 pm
by dhana6_82
Can someone help pls

Hi,

I got my Tier 1 General in India on Feb 15th 2010
I entered UK on April 7th 2010
I applied for an extension and got the extension until Feb 15th 2015

My question :

As I entered UK only from April 7th 2010 , if I need to apply for my ILR, I should apply on Jan 2015 but I have 40 days gap between the time I got the visa and I entered the country. Can I still be eigible to apply?

Posted: Mon Nov 12, 2012 8:21 pm
by Lucapooka
Under the current rules, (some years ahead of your intended application for ILR), you can include the period of delayed entry from the date the visa was issued into the residence period, so your five years will be complete on 15 Feb. That, however, is still a separate issue to the unusually long absence that was the original question.

Posted: Tue Nov 13, 2012 10:14 am
by dhana6_82
Thanks for the reply.Yeah looking at the negative answers for the long days absences,I have decided to complete the extension and then apply for ILR.If not I earlier thought to club the WP+Tier1

Posted: Tue Nov 13, 2012 10:29 am
by Lucapooka
dhana6_82 wrote: I earlier thought to club the WP+Tier1
What WP? You made no mention of this in your other posts.

Posted: Tue Nov 13, 2012 11:56 am
by dhana6_82
I entered UK with Work Permit and then switched to Tier 1.If I club both WP+Tier 1 I am eligible for ILR but since I have more than 90 days gap , I have decided to extend my Tier 1 and then apply for ILR.

Posted: Tue Nov 13, 2012 12:06 pm
by geriatrix
Switching = making a leave to remain application from within the UK under a different immigration category.
dhana6_82 wrote:I got my Tier 1 General in India on Feb 15th 2010
I entered UK on April 7th 2010
So, did you switch?

Posted: Tue Nov 13, 2012 12:49 pm
by dhana6_82
Yes I switched my visa category from Tier2 to Tier 1 in India but I was in India for 4 months before entering to UK again

Posted: Tue Nov 13, 2012 1:01 pm
by dhana6_82
I am not sure if I am explaing my situation clearly

I entered UK with Tier 2 visa on Aug 24 2008.My Tier 2 was eligible until Aug 20 2010

I left UK on Nov 13th 2009 and returned to UK only on April 2010

I got my Tier 1 from India stamped on Feb 15 2010

My gap in India was a business trip + maternity. For my business trip I have UK pay slips and during my Maternity off I have Indian payslips.

My Questions are:

a)Having said I have 4 and half months outside country.Can I still show my UK and Indian payslips and apply for ILR in Aug 2013

(or)

b) Go for another extension and apply in Feb 15th 2015

If the answer is (B) then , I got my Tier 1 valid from Feb 2010 but I entered UK with it only April 7th 2010 So tehre is a gap of 50 days, Can I still apply ILR or should I need another extension.

Hope this is clear.I am sorry if there are too many dates

Posted: Tue Nov 13, 2012 5:02 pm
by dhana6_82
Could someone respond please?

Posted: Tue Nov 13, 2012 6:28 pm
by geriatrix

Posted: Wed Nov 14, 2012 10:28 am
by dhana6_82
Thanks a lot for your reply.Can you also please respond to my question (b)

b) If I cannot for (A) I would for another extension and apply in Feb 15th 2015

But, I got my Tier 1 valid from Feb 2010 but I entered UK with it only April 7th 2010 So there is a gap of 50 days, Can I still apply ILR in Fed 2015 or should I need another extension to fill that 50 days gap.

Even though i can apply 28 days before, still will have 22 days left to complete the gap