Immigrationboards.com

Guys,

I could not find answer for my query regarding break in calculating continuous stay in UK according to new rules from Immigration Board. But I gathers so many inputs from immigration board relating to ILR.
I had 45 days unpaid leave,But i decided to go ahead with ILR application submission sighting 60 days allowed break for new sponsor(I had 45 days break and returned to work for same sponsor for new employment).
On 01/02/2013 submitted application for Tier 2 Intra company Transfer ILR application and got settlement for me and my wife.
Finally my ILR was successful in Glasgow PEO. total duration for this was only 1.5hrs.Glasgow PEO experience was very nice,staff were very operative and helpful.
I thought I should share my experience with you guys and I want to thank all members for sharing your thoughts on immigration board.

Cheers

great News! Congrats!

Thanks @ uksettlement

What are the letters that you submitted for your absence? Can you please provide the draft of those letters?

Please see my post

http://www.immigrationboards.com/viewtopic.php?t=117518


I have given the letter that I have. Please check and let me know if that is enough

srk2012 wrote:What are the letters that you submitted for your absence? Can you please provide the draft of those letters?

Please see my post

http://www.immigrationboards.com/viewtopic.php?t=117518


I have given the letter that I have. Please check and let me know if that is enough

Hi srk2012,
I was in similar situation as you.I had 199 day absent from UK across 5 years. in that 199 days 45 days were in india (from jan 2010 to feb 2010,but during that time I had visa upto feb 2011) due to recession in UK, my company concluded my employment in UK in jan 2010.
But while returning to UK in feb 2010 I made fresh tier 2 application.While ILR application I showed UKBA my absence of 45 days on conclusion of previous employement and I returned for new employment on feb 2010.
new document for calculation of continuous period in UK says upto 60days absent will be disregarded if you return to uk within 60 days to work for new sponsor.
This point sorted my issue.
I used letter from below link with small changes
http://www.immigrationboards.com/viewtopic.php?t=76413
http://www.immigrationboards.com/viewtopic.php?t=52143

Cheers

Hi, I wasn't paid in UK at that time, Will that be a problem?

Even i was not paid during that time,so I showed in my absent letter that 45 days leave on conclusion of employment.But my absence was within 60 days.
My company withdrawn sponsorship on 27/01/2010 and I returned to UK on 15/02/2010 with new tier 2 visa. so I fulfilled requirement of within 60 days break and as my sponsorship withdrawn on 27/01/2010 I think I had 60 days time for curtailment of that visa,so technically I came back to UK without any visa break.
Check with your employer when your sponsorship was withdrawn or during that time your visa was existing?
But still I think more that 60 days unpaid in UK will be problem
Hope you will find some solution for this.

Best of luck

Cheers

Hi Pbp2008

My original visa was valid until Sep 2009 while I applied for Tier 2 from India. Not sure about the sponsorship as I have been working with the same company for the past 8 years.

Do you think whenever an employee moves offshore, companies actually cancel their sponsorship even if the employee is still working for the same company in India?

Cheers

Thanks a ton pbp2008 for posting your case. My case is almost identical to yours. It is just that I consciously went to India because I got promoted. In 2009 the tier 2 ict rules was such that if there is a change in job description in-country extension was not possible. I went to India and got re-stamped. I travelled after 65 days of exit but my new visa stamping in India was done in 56 days. Also the delay was largely due to the sponsorship management system as it blocked my employer as it showed my early visa to be valid. I am due for ILR in May 2013. Your case has given me hope though my absence was for just over 60 days. I was not paid in UK but I continued to work for the same UK client from India.

I need to appreciate if this forum as until today I was thinking that my case is unique.

Your case is very similar to many of ours. WP + Tier2 and Tier1. Mine was just identical.

My company as yours will not any document to support any absense. During Tier2 I went to India for 28 days for extension as my employer didn't want to take chance of In Country Extension.

Can you please let us know the documents you submitted with your application?

Thanks,

ss1976 wrote:Thanks a ton pbp2008 for posting your case. My case is almost identical to yours. It is just that I consciously went to India because I got promoted. In 2009 the tier 2 ict rules was such that if there is a change in job description in-country extension was not possible. I went to India and got re-stamped. I travelled after 65 days of exit but my new visa stamping in India was done in 56 days. Also the delay was largely due to the sponsorship management system as it blocked my employer as it showed my early visa to be valid. I am due for ILR in May 2013. Your case has given me hope though my absence was for just over 60 days. I was not paid in UK but I continued to work for the same UK client from India.

I need to appreciate if this forum as until today I was thinking that my case is unique.

Hi ss1976,

See below answers for your pm
a)I have applied my own
b)I had 4 years tax returns as I submitted my PR application in first week of 2013. I was not having 5th years(expected to arrive in April 2013).But case worked asked for only those 4 years p60's considering 5th years still not arrived and 3 salary slips(I had all 5 years salary slips).
c)Clearly I mentioned about my 45 days break in my application and I informed case worker about break and I was ready to submit p45 for that break as proof.This point allowed me to take use of clause
Where an applicant’s continuous residence period includes time spent as a Tier 2 Migrant or a work permit holder annual leave includes a short holiday taken on conclusion of employment, where the applicant applied to work for a new employer within 60 days of the conclusion of the previous employment (see link on left: Breaks in the continuous lawful period). of calculating continuous stay guidelines.

In above message you are saying you are away from India for 65 days,But above clause says it should be within 60 days. check if your previous visa was valid during your break and please check with immigration expert about more than 60 days issue(65 days)

Hope you will find some solution for this issue.
Best of Luck

manisankarmani wrote:Your case is very similar to many of ours. WP + Tier2 and Tier1. Mine was just identical.

My company as yours will not any document to support any absense. During Tier2 I went to India for 28 days for extension as my employer didn't want to take chance of In Country Extension.

Can you please let us know the documents you submitted with your application?

Thanks,

Hi manisankarmani,

I think 28 days wont be problem.Refer calculating continuous stay in UK policy guidance.
About documents I submitted please refer my above quotes.

Cheers