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ILR Absence Query
Posted: Sun Dec 23, 2012 2:06 am
by ilrseekerlondon
Dear All,
I have a query regarding my ILR application, have been following this forum very closely after the rule changes on 13th December 2012 but have a small doubt regarding my application, any help would be really appreciated.
Query:
In the last 5 years I have a continuous leave of 143 days, this leave was for a client project requirement in India. My company is ready to give me a letter confirmed the same. The issue is that I was not paid in UK during this 143 day period but had a valid WP during this entire period and re-enetered UK on the same WP. Can anyone please confirm if this situation i.e. being in India whilst having a valid WP for a client requirement but not having being paid in UK would mean a restart of clock for me.
Regards,
ILR Seeker London
Re: ILR Absence Query
Posted: Mon Dec 24, 2012 10:07 am
by Damanisshallo
ilrseekerlondon wrote:Dear All,
I have a query regarding my ILR application, have been following this forum very closely after the rule changes on 13th December 2012 but have a small doubt regarding my application, any help would be really appreciated.
Query:
In the last 5 years I have a continuous leave of 143 days, this leave was for a client project requirement in India. My company is ready to give me a letter confirmed the same. The issue is that I was not paid in UK during this 143 day period but had a valid WP during this entire period and re-enetered UK on the same WP. Can anyone please confirm if this situation i.e. being in India whilst having a valid WP for a client requirement but not having being paid in UK would mean a restart of clock for me.
Regards,
ILR Seeker London
UKBA wrote: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. This also includes, if appropriate, any paid annual leave. Evidence in the form of a letter from the employer setting out the reasons for the absences, including annual leave, must be provided.
Absences must be for a reason that is consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason in the following categories:
work permit holder
representative of an overseas newspaper, news agency or broadcasting organisation
representative of an overseas business
employee of overseas governments (except those exempt from control) or the United Nations or other international organisation of which the UK is a member
minister of religion, missionary or member of a religious order
airport-based operational staff of overseas-owned airlines
private servants in diplomatic households
UKBA further wrote:The continuous period is maintained if:
the applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
Further Reading...
Posted: Mon Dec 24, 2012 12:36 pm
by ilrseekerlondon
thanks damanisshallo
I went through the BA document in detail several times before posting here, my doubt which is still standing is as below:
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.
A. They have said
connected to permitted employment or the permitted economic activity
So does this mean that If I get a letter this should be ok and only if the company says that this trip was not work related only in that case i have to prove economic activity. Reason for asking: Economic activity was not there so want to check if mine is a dead case.
B. They have pointed
business trips of short secondments
My question is will 143 days considered as short secondments, what happens to the 90 day rule.
Sorry if these question have already been answered and I am not able to decipher them, since this is my firt time on this forum please excuse my ignorance. Like wine I think my forum skills will improve with time.
Thanks in anticipation.
Posted: Mon Dec 24, 2012 2:37 pm
by uksettlement
I think you might stand a chance if along with the letter you can show the ties in the uk. I understand you we're not paid in the uk but you must still have maintained a uk bank account paid of mobile bills etc. also employer letter shld mention that after the secondment you were called back to the uk.
I feel you have a strong chance however, you will need some good documentation.
Posted: Mon Dec 24, 2012 2:53 pm
by karthikmsuk
Is this scenario for tier 1 or tier2 visa. I thought that only tier2 visa holders should get a letter from employer.
For tier1, if the total absence is less than 180 days in last 5 years should they still get a letter from employer?
Posted: Sun Jan 06, 2013 3:06 am
by ilrseekerlondon
uksettlement wrote:I think you might stand a chance if along with the letter you can show the ties in the uk. I understand you we're not paid in the uk but you must still have maintained a uk bank account paid of mobile bills etc. also employer letter shld mention that after the secondment you were called back to the uk.
I feel you have a strong chance however, you will need some good documentation.
Dear UK Settlement,
I do have some bank statements that show that during this period I did made some payments to Virgin and Ipswich Council but the catch is that for this year my company had issued me a P45, do you feel that P45 will kill my case.
Regards,
ILR London Seeker.
Posted: Sun Jan 06, 2013 3:08 am
by ilrseekerlondon
karthikmsuk wrote:Is this scenario for tier 1 or tier2 visa. I thought that only tier2 visa holders should get a letter from employer.
For tier1, if the total absence is less than 180 days in last 5 years should they still get a letter from employer?
Dear Karthik,
This scenario is for Tier 2 ICT, I enetered on a WP which got converted to a Tier 2 ICT in due course of time.
Regards,
London ILR Seeker.