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Maximun Period of Absence allowed for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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shaun340
Newly Registered
Posts: 1
Joined: Sun Apr 18, 2010 7:41 pm

Maximun Period of Absence allowed for ILR

Post by shaun340 » Sun Apr 18, 2010 8:11 pm

I would really appreciate if someone can shed a little bit of light into my situation. I have been in the UK since Aug 2004 and eligible to be applied on JR for my ILR. However, I had a career break in 2006 from Sep til July 2007 as I went back home to sort out a few issues.(personal)
I have been working since I landed here and continue to work todate.
When I got the extension of visa in 2007 Aug, I received a letter along with my Visa that I would be eligible for ILR before the expiry of my present visa in Aug 2011 and also said a include a copy of the letter when applying.
I'm quite settled here and I have a property in my name and I have got P60s for the last 5 years.
Would the case case office be able to disregards my break (about 275days) as he/she could see my ecomomic contributions and intentions to live here permanantly.

Can someone please advise before I make a decision to use the preminum service to get it done within a day?

Thanks

senthil78
Member of Standing
Posts: 289
Joined: Sat Sep 20, 2008 9:54 pm

Re: Maximun Period of Absence allowed for ILR

Post by senthil78 » Sun Apr 18, 2010 8:39 pm

shaun340 wrote:I would really appreciate if someone can shed a little bit of light into my situation. I have been in the UK since Aug 2004 and eligible to be applied on JR for my ILR. However, I had a career break in 2006 from Sep til July 2007 as I went back home to sort out a few issues.(personal)
I have been working since I landed here and continue to work todate.
When I got the extension of visa in 2007 Aug, I received a letter along with my Visa that I would be eligible for ILR before the expiry of my present visa in Aug 2011 and also said a include a copy of the letter when applying.
I'm quite settled here and I have a property in my name and I have got P60s for the last 5 years.
Would the case case office be able to disregards my break (about 275days) as he/she could see my ecomomic contributions and intentions to live here permanantly.

Can someone please advise before I make a decision to use the preminum service to get it done within a day?

Thanks
Clearly you have break in the residency. The maximum allowed absence is 180 days for 5 years residency and the absence should not exceed more than 90 days at a stretch. You can start count from July 2007 for your ILR. Probably you may apply after 4 years since your HSMP was issued before 2006. I think that you should be able to apply in June 2011.

gidoc
Senior Member
Posts: 873
Joined: Mon Mar 31, 2008 7:50 pm

Post by gidoc » Sun Apr 18, 2010 9:46 pm

You should do as advised, applying for ILR when you complete 4 yrs after your second entry in UK. There is a clear break of residency before that.
Best wishes

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