Immigrationboards.com

I am on tier 1 (general) visa .iam planning to apply for ilr on 26 may .
i over stayed in my native country for about 10 months. according to 180 days rule i broke my 10 month absences in year 2 and year 3 .so my absences are less than 180 days in each year of five years cycle preceding the date which is 26/05/2014.
i got my last tier one extension after coming back here on the basis of overseas + uk income . i was suppose to show £20000 to meet the point assesesment requirement.so i showed £14000(overseas) and £8000 (uk income).
As im going to apply ILR , so iam going to justify these absences by showing compassionate reason (evidence provided by doctor letter of my mother).
According to modern guidance on page 22 , paragrapgh 2 which says that
"If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. "
(https://www.gov.uk/government/uploads/s ... eriods.pdf) .

I came back here in oct 2012 after these absences , now iam working here and fullfilling the income requirement £ 20000 which is from here in uk . Absences are less than 180 days in each consecutive 12 month preceding the date.
so my question is that due to above mention paragraph my continuous period requirement is broken or not .
firstly my absences are connected to compassionate reason .(so i think my absences are not connected to the employment but i was there so i worked as well bcoz my intension was to come back to uk after my mother gets better and to get the tier1 extension again through oversea plus uk income , and i may not have no enough time to show income from uk as 7 month were left in my visa expiry when i came back here).
secondly i got last tier 1 extension on the basis of UK + overseas income which shows my overseas income is greater than uk income.
so in the light of above mention paragraph, can you guys please let me know " my continuos residence period is broken or not? .
any advice will be greatly appreciated.

advice? suggestions? any one? moderators plz help!

why isnt anyone responding to my query? moderators? amber? vinny? anyone?

Hi fna81

you worked overseas only during the time you were not in UK? Like some ppl do remote work as well, and have regular overseas earning?

That UBKA statement, in my opinion, is based on the fact if someone is absent from UK solely for the employment purposes and his main income is generated by employment overseas, only then it can't be treated as absence.

In your case the absence reason was primarily your mother's health and not the employment. So, I guess you need to focus more on that reason and add as many proofs related to that reason.

That's my interpretation of the UKBA statement you mentioned.

thank u so much for ur interpretation on my case! yes i was there for my mothers healthg reason and for that reason only i had to stay there as there were no one else to take care of my mother. thats why i earn there for that period only because my intension was to come again here and claim the points for earnings.

look

2 issues here

1. you had over 180 days, but your application date splits it into to different 12 month periods. this generally solves it, as things stand presently. should be OK.
2. you had taken employment overseas during some of the absences, incidental to you being overseas for compelling reasons. this generally should be fine. I had the similar circumstances roughly in one of the years and I got ILr. just outline in your application that you did not travel in order to take up or do that job, but you traveled because of your mother. you may mention very briefly in the letter that once there, you took up temporary employment or secondment, so as to support yourself

hi sagareva,

thank you so much for taking time out and helping me giving your valuable advice. i shall definitely be going to mention it very briefly in my application about my employment overseas and about the circumstances that i was stuck in to then!
thanks again!
stay blessed!