Immigrationboards.com

Dear Member,
I am going to apply for ILR.
I have a query about my absence to discuss with a barrister or solicitor, i am willing to pay for the consultation.
Does any one know, any good immigration barrister or solicitor please?
Regards,
moto

I you list your absences per 12 month cycle counting backwards from the date you want to apply for ILR, you can get free advice on the forum.

Hi,
Thanks for the response.
I am on Tier 1 and applying in april 2015
15 april 2015-----------14 april 2014 - no plan as of yet.
15 april 2014-----------14 april 2013 - 0 days
15 april 2013-----------14 april 2012 - 87 days - went to see family
15 april 2012-----------14 april 2011 - 73 days - went to see family
15 april 2011-----------14 april 2010 - 21 days - went to see family

Regards,
moto

happy1982 wrote:Hi,
Thanks for the response.
I am on Tier 1 and applying in april 2015
15 april 2015-----------14 april 2014 - no plan as of yet.
15 april 2014-----------14 april 2013 - 0 days
15 april 2013-----------14 april 2012 - 87 days - went to see family
15 april 2012-----------14 april 2011 - 73 days - went to see family
15 april 2011-----------14 april 2010 - 21 days - went to see family

Regards,
moto

and what is the query? as per above, you are safe to apply on 15 April 2014. I am not a barrister but you can pay me fee if you wish

Thanks for your reply,
Actually the absence of 73 days and 87 days in 2012 i was in UK, but my passport was kept by IO at heathrow, when i was returning from my country after 2 weeks holidays.

There was problem in my tax return, resulted in paying £2500 less tax, that i corrected it with HMRC and paid £2500.

they kept my passport for nearly 5 months and 11 days, ONE day i received a call from Heathrow airport saying all the irregularities on your tax return have been sorted out and your passport has been posted out to you.

They stamped my passport in july 2012 rather than feb 2012.

when i will apply for ILR and case worker will look entry stamp to UK, it will be not right, as i arrived in feb 2012 not july 2012.

This is very complicated situation for me, couldn't think what would be consequences?

Regards,
moto

I don't think you need a solicitor really. All he is going to do it to write a cover letter explaining what you have just explained and attach proof to support your story. I think you can do all of that on your own.
I would say write a cover letter, attach any correspondance letters you had with heathrow and HMRC, tickets etc that you may have and apply for yourself.
Also a lot of airports/countries put an exit stamp on your passport when you leave the country so you might have an exit stamp on your passport when you started your journey back to UK in feb2012 - you can use that stamp.
Besides, if your holidays are below the threshold (which i think is 90 per year, do confirm, rules may have changed) then you should be ok anyway.

I hope this helps mate.

happy1982 wrote:Thanks for your reply,
Actually the absence of 73 days and 87 days in 2012 i was in UK, but my passport was kept by IO at heathrow, when i was returning from my country after 2 weeks holidays.

There was problem in my tax return, resulted in paying £2500 less tax, that i corrected it with HMRC and paid £2500.

they kept my passport for nearly 5 months and 11 days, ONE day i received a call from Heathrow airport saying all the irregularities on your tax return have been sorted out and your passport has been posted out to you.

They stamped my passport in july 2012 rather than feb 2012.

when i will apply for ILR and case worker will look entry stamp to UK, it will be not right, as i arrived in feb 2012 not july 2012.

This is very complicated situation for me, couldn't think what would be consequences?

Regards,
moto

Actually the absence of 73 days and 87 days in 2012 i was in UK, but my passport was kept by IO at heathrow, when i was returning from my country after 2 weeks holidays.

Then why are you counting these as absences? These are not absences.

They stamped my passport in july 2012 rather than feb 2012.

Not a problem. You were present in UK at that time & can prove (by submitting bank statements, council tax or any other proof)

This is very complicated situation for me, couldn't think what would be consequences?

It is not a complicated case, as suggested above, just write a cover letter along with proof and you are good to go & be happy .

Hi,
Thanks for your reply.
They sent me three temporary admission letters time by time untill they posted my passport and asked me to stay at same address, may not engage in any employment or business etc , i had to resign and spent lot of money to pay the tax, paid to a solicitor.

In the letters it says, you are not give leave to remain in UK within the meaning of immigration ACT 1971.

I am confused about it.

After this i had extension of tier 1 at Croydon PEO last year and it went through successfuly. I had decision in 2 hours.

I think these letters should be enough to prove you were in the UK so holidays/absence is not really the issue here. The real question should be "Will UKBA consider this period a break in the continuous residence?" because you mention now that they asked you not to get involved in paid employment.

Why do they even look at the tax paid etc at the airport, did you have any court orders etc against you?
Was your existing visa at that time cancelled or something??

I think you are OK on the absence front but I suggest that you post the exact details on what happened on the forum and ask seniors if you are eligible for ILR. Unfortunately this matter exceeds my limited understanding of the rules but some gurus on the forum might be able to help you with it.

Will UKBA consider this period a break in the continuous residence?

If you are subsequently allowed to retain your existing visa status then I see no reason why it breaks the continuous residence as you were in UK at that time.

Hi,
When i come on the counter he asked my simple questions, like when did you come in UK, Which college did you go etc.
When he asked me how did i get Tier 1 and what documents i have submitted etc. I think then they try to dig out more information and come to know about it.
They did not cancel my visa at all, no cancellation stamp etc, just give me temporary admission letters that is.

Hi,
Can any senior member put a light on this situation.

Hi,
can any one suggest the most likely consequences of this situation.

This case has much more in it than just about continuous period . If i understand correctly there was mismatch between income that was declared to HMRC and HO. Also , you paid it only after it was discovered by HO. In my opinion you need professional help unless Gurus/Moderators think otherwise. You can wait for some more time and generally moderator/gurus pay their attention if wrong advise is given. If you don't hear anything from them for quite some time then seek professional help.

Dear Vinny, amber and all senior members,
Can you please have a look at my situation and put some light on it please.

Dear senior members,
Can you please reply to my post.
Thanks.