Immigrationboards.com

Hi,

Please can some one help, my ILR application got rejected couple of days back due to more then 90-days out of UK (working from India) in my first year in UK.

I had attached letter from employeer agreeing to my requirement in India along with a letter from the client for whom I was working and who had asked me to work from India to setup the proccess.

Please help what should my next course of action be, should i fight in high court? For that please support with evidence that ILR recevied post april 2010 rules changes where employmnet reasons out of UK for employment reasonss.

Please help as it would decide the course of my action.

regards
pp

Please edit your post to make it more clear and also mention exact days of your absence and nature of your leave to enter/remain and dates.

I came to UK in 2006 and from march 2007 to june 2007. Gone back to india for 112 days excluding departure and arrival for business reasons. I am process expert so had to go back to setup offshore process. I am connected with the same employer since 2006. Came to UK on work permit and then got changed to Tier 2 (ICT) as per policy).

It appears you have still leave to remain in UK under Tier 2 (ICT) and that is why has not got right of appeal on ILR refusal.

Denying ILR on job related absence of 123 days at a time appears harsh especially when you are continuing with same employer and over all absences are not too much.
But since you would be eligible again in June 2012 (starting fresh period of 5 years from June 2007) hence stake are not so high if you have leave till than or would have.

Otherwise first send a representation and then after two weeks start pre-action protocol for JR. UKBA is likely to budge before hearing stage as their practice is not consistent on this issue.

Please reproduce exact wording of refusal for better understanding of all.

Please can you tell which PEO did you go to?

pradprab, did you continue to receive your salary in the UK during the absence in question?

The PEO the agencwey had gone was CROYDON

Yes the organization was paying the tax and Ni contribution too, as stated in the P60.

pradprab wrote:Yes the organization was paying the tax and Ni contribution too, as stated in the P60.

Another question: When does your current Tier 2 leave due to expire?