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ILR but Long Absence

Posted: Fri Dec 27, 2013 5:50 pm
by zeeshanzaheer
Dear Team Members

my family friend is on Tier 1.He will apply for ILR in Feb 2014.
There is little confusion.

He was working for a Indian firm when he got his Tier 1 General visa and company's clients were based in the UK.He was sent to the UK after getting his Tier 1 General visa.

He spent 4 months in the UK and working for India based company's client in the UK then he was called back to the India for a local project.He worked there for 142 days (almost 5 months)continuous and was paid in Indian rupees as well then again he was sent to the the UK by his company for another project
This was with his old employer.

since he came back he worked 3 month with same company and then change his employer who is UK based and since he has stayed in the UK.He don't have any other absences and the only issue is 142 days which is less than 180 days in one year.

should he has to apply for ILR or TIER 1 extension?

Your advice is highly appreciated.

    Posted: Fri Dec 27, 2013 7:23 pm
    by Amber
    So long as absences are <180 days per 12 month period and meets the other requirements, shouldn't be a problem.

    Posted: Fri Dec 27, 2013 9:17 pm
    by Jollyjustcome
    Hello, can Amber please help. I'm looking for what the rules were pre July 2012 regarding overstayers and applying within 28 days. How many days did you have to apply if you are an overstayer pre the new rules in 2012.
    _________________
    Jolly

    Posted: Sat Dec 28, 2013 10:45 am
    by zeeshanzaheer
    thanks you Amber
    Does he need to provide any evidence ?

    Re: ILR but Long Absence

    Posted: Sat Dec 28, 2013 7:51 pm
    by Amber
    It should not be required.