Not more than 90 days away from UK Rule

[robinpaul78]

Hi

I have a Tier I General Visa and am employed in a London based software company on a full time basis since March 2008. I was living with my family in UK since March 2008 till Dec 2009. From Jan 10, I shifted my wife to India to my in laws place, as she was pregnant and I have been living either in Canada or in India due to the demands of a new software project that I am currently involved.

I would be required to operate outside of UK (mostly in Canada) for another 6 to 10 months. Till now, I have ensured that I have UK Immigration Entry stamp on my passport before the expiry of 90 days by having my flights transiting through London. Even if it is a 4 hour connection at Heathrow, I make it a point to go through the Immigration check and register the entry stamp on my passport.

My question is
1) Does registering an Immigration Entry stamp on my passport while transiting through Heathrow (when travelling between India and Canada) help? Will it be taken into consideration for the 90 day ILR rule?

2) Since I am required to stay outside of UK for another 6 to 10 months, I am sure that the total number of days outside of UK will be more than 450 in the 5 year period when i am applying for ILR. As all of these travel outside of UK is because of employment reasons, and since i would not have any break in my UK Salary receipts as well as UK Tax and NI payments during the 5 years, will I stand a chance to be considered under exceptional condition for ILR?

Thanks for your help in advance.

Regards
RP

[geriatrix]

For settlement, your absences in the 5 yr. period should not exceed 180 days in total and 90 days in a single time. Work related absences can be discounted when supported by employer letter. That's the general code of practice (if I can call it that)!

1. I don't believe this would help.
2. The 450 days absence in 5 years rule that you refer to is for naturalisation, not settlement (ILR).
3. If your settlement application is supported by employer letter certifying that your absences from the UK during the qualifying residential period have been business / work related (template), you should be able to sail through.


regards

[robinpaul78]

Thanks...