ILR - Redundancy & Days out of UK

[GMac]

Hi All,

Firstly, what a great site! Mountains of useful info.

I appreciate aspects of my query have been addressed on the site before, so I will keep those to a minimum. However, I am sure you will understand if I just want some direct reassurance.

I was granted my HSMP in July 2004. For my last extension, it changed to the Tier 1 and was extended to July 2011. July this year will be my five years, and as such I intend to apply for the ILR.

The background to my queries is as follows:

I have worked for the same bank since I was awarded my HSMP. The first year was as a contractor, and then I went permanent from August 2005. I get made redundant in March this year.

I am taking the opportunity to take +/- two months off (less than 90 days continuously) and go and see my mother in Australia, before coming back to the UK to start work again (nothing lined up at this point). I believe that I will need to be working when I apply, is that correct? It was always my intention to be working again by June, but with the current market conditions who knows.

My Queries are as follows:

1) Would being out of work for 2/3 months cause a problem for my ILR application? I will have saved a significant portion of redundancy payout, so will be able to provide that as my evidence of finance for that period.
2) My time out of the UK come July will be around 212 days in the 5 year period (This includes the two months I am planning to take after March), of which the break down is:

91 Days Paid leave
6 Days for being sent to Ireland for work
115 Unpaid leave

I appreciate that the days out of the UK issue is at the discretion of the case worker, but your thoughts on this would be very much appreciated.
3) What actually happens if an application is refused based on the number of days out of the UK issue? Do you have to go through another 5 years before applying again?
4) Does your 5 year period under review go back 5 years from the time you apply for the ILR? I.e. If I apply in March 2010, does the start point become March 2005? Or is it a case that it is fixed from the date I was first granted the HSMP?

Many thanks for the time taken to read this. I would really appreciate any feedback, and hopefully this could help someone else in a similar position.

Thanks again.

G