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Hi,

I need your help to in getting my ILR question clarified based on your experiences so far.

Entered UK on 12th Jan 2009 and returned back to my home country by 23rd Jan 2009
Had to stay back home as we were going through fertility treatment
Made 2 more trips on HSMP visa for official purpose between 03rd Oct 2010 to 08th Oct 2010 and 03rd Jan to 07th Jan 2011
Re-entered UK on ICT TIER 2 visa on 31st Jan 2011 and then have been in UK continuously for 10 years.
In-between I had to move back to offshore for a cooling period but traveled to UK using Business visa due to job nature and to maintain <180 days criteria.

Based on the above dates can i apply for my ILR on 06th Sept 2020 based on 28 days prior rule using the entry date as 03rd Oct.

I had exceed the 540 days limit but thats purely related to fertility treatment, attend parents hospitalization and my own health ailments...Still trying to make a case.

P.s I got a valid visa till 2024 end..

Your advice will help me to proceed in right direction...

Thanks!!!

newjoiner123 wrote: ↑

Sun May 24, 2020 2:55 pm

I had exceed the 540 days limit but thats purely related to fertility treatment, attend parents hospitalization and my own health ailments...Still trying to make a case.

More likely there won't be any discretion applied. However if you have surplus savings and you wouldn't repent over the loss of fee then may exert this experiment.

540 days requirement is quite strict and discretion is only applied in exceptional circumstances where the reason for a long absences were totally out of your control. Such discretion is very very rarely exercised. The chance of approval is quite low

Thanks Seagul and Zimba for your response. It really helps me to understand the situation.

If i take O3rd Oct 2010 as my entry and calculate the absence days its coming around 760+ days. Out of that 760+ days nearly 150+ are official visit to offshore due to the nature of my job and 70+ days due to my leg fracture way back in 2013 which made my movements completely out of control.

If you take these reasons apart still i would be exceeding by 20-30+ days.

I still got three more questions to clarify.

1) All my official travel made when i am with my previous employer due to onshore\offshore business model. Can that be exempted. Unlikely, i will be able to get a letter from my previous employer.

2) All the travel dates are based on the information available in my email archive. There are high chances i may miss few more travels. Is there anyway can be obtain a travel history from Home office. Is it possible.

3) I worked for Dublin client. Before making a long term visit to UK directly i made couple of visits to Ireland and from there travelled to Belfast by road. I had valid UK visa at that time. I do have valid ticket showing my travel to Dublin since i travelled by road to NI i didnt have much evidence for my stay in Belfast. Even after i came to UK i worked for Dublin client for 2 years. Got all the proof related to that.

Could someone clarify my doubts please. Thanks!!!

1. No. Long residence ilr has no discretion really in exceeding the absence limit. Many have been refused even with exceptional compelling reasons.

2. Apply for a subject access request.

3. Irrelevant really as you don't have stamps in your passports.

Thanks everyone for your response. It seems all the assurance and confidence giving by the solicitors are mere words i guess...I may be wrong. Thanks once again.

Hi,

I got my SAR report from UKVI. Could someone kindly advice me the details i need to check to find out my ILR application date eligibility.

Its a 59 page document and there is no reference available to my international travel dates. It has only got all my UK visa application details (submission and granted details).

Also, can i consider my Business visa application submission timelines into consideration for 10 yrs ILR route. During the cooling period i made multiple travel to UK using BV.

Regards

All visas count towards the long residence. Note that UKVI may use all tools at its disposal to figure out your absences from the UK

Thanks for your reply Zimba. The objective for getting the SAR is to review my travel dates since those details are not available in the report I am not too sure about my next step.

Below I have given my Visa application, Granted and Expiry Details. With this can any solicitor advise me by when i would be eligible for my ILR.

Application Outcome Expiry Visa Type

23-Jul-08 01-Oct-08 01-Oct-11 TIER 1 General Migrant

19-Jan-11 24-Jan-11 20-Feb-12 TIER 2 ICT Established Staff
06-Feb-12 29-Mar-12 12-Feb-13 T2 SW - ICT (Long Term) - LTR
05-Apr-13 07-Apr-13 07-Oct-13 Business Visa

My last date of travel was on 30-Aug-13 from UK and returned back to UK 02-Mar-14. I was outside UK for 183 days

14-Feb-14 18-Feb-14 18-Mar-16 T2 SW - ICT (Long Term) - LTR
13-Jan-16 21-Jan-16 15-Mar-18 T2 SW - ICT (Long Term) - LTR

I exited UK on 14-Mar-18 and returned back on 05-Sep-18. Went to my home country to apply for TIER 4 Dependent visa. I was outside UK for 174 days.

06-Aug-18 04-Sep-18 30-Jan-21 TIER 4 General Dependent Partner
19-Dec-19 24-Dec-19 30-Jan-25 ATLAS - T2 SW - General Migrant - LTR

If you were away from the UK for a period more than 6 months, that breaks your lawful continuous residence

Thanks Zimba. Unfortunately i am not too sure on my travel dates. I will consider my 2014 visa as my start and work towards the timelines for the ILR.

Ideally i should apply for the ILR this year but due to the unavailability of the travel dates i will push it to 2024 Jan.