ILR-Continuation of lawful leave during absences from the UK

SVKPatil · Post by **SVKPatil** » Wed Jan 02, 2013 12:55 pm

Wish you a happy new year 2013. I have the below query regarding "Continuation of lawful leave during absences from the UK"

As per the latest document (Dec 2012) :

The continuous period is maintained if:

- The applicant leaves the UK with valid leave and re-enters the UK whilst that leave
remains valid, provided the absence(s) do not exceed 180 days in a relevant 12
month period.

So, my query is :

I have total of 94 days of absence in the 5 year period. Out of which 46 days are paid annual leaves.
The remaining 48 days , I have been transferred to the offshore (India) branch to complete an assignment and have drawn Indian salary for the 48 days.
My Tier-2 Visa was valid when I left the UK and re-entered again after 48 days.

- So am I eligible to apply for ILR? Can you kindly let me know as this is very important for me to
understand whether I am eligible or not before applying for ILR.

Post by **Lucapooka** » Wed Jan 02, 2013 1:04 pm

Why did you come off the UK payroll for the work done at the offshore branch? That now looks like a period of unpaid leave of more than one month.

SVKPatil · Post by **SVKPatil** » Wed Jan 02, 2013 4:48 pm

Hi,

I was transferred to the Indian branch, later due to change in circumstances I came back to UK on the same VISA. So i was paid for 46 days in India during my 5 yr tenure. So can you please let me know whether this is allowed ? or will it be considered as a break in the continuous period.

akash08 · Post by **akash08** » Wed Jan 02, 2013 5:33 pm

Mr Patil,

First thing to ask yourself is : how would UKBA know that you were on Indian payroll? They do not ask for payslips for all the 5 years. I am assuming this transfer did not happen within the period you have to show your payslips for. What gives them any reason to doubt you were not on UK Payroll for those days unless you yourself tell that? A law that can not be implemented is not a law. I do not see any problem any where unless of course you take a high standard of ethics and chat with the case worker and declare this !!

There has been enough confusion in this forum regarding this topic.. just declare these days as business trip and you would be absolutely fine!!

Post by **Lucapooka** » Wed Jan 02, 2013 5:57 pm

As with any work-related absence, a letter will be required from the UK sponsor to say that your were working for them during that period of absence.

SVKPatil · Post by **SVKPatil** » Wed Jan 02, 2013 7:43 pm

Thanks a lot Akash and Guru. I will get a letter from my emoyer to confirm that I was working with them. And also declare this as a business trip.
Is it a good idea to say business trip or unpaid holidays ? Please advice.

Post by **Lucapooka** » Wed Jan 02, 2013 7:45 pm

SVKPatil wrote:I will get a letter from my emoyer to confirm that I was working with them.

Are they prepared to make such a declaration in light of the facts to the contrary? It can't be classed as unpaid holiday, and this was the reason I posted in the first place, as it was for more than one month.

SVKPatil · Post by **SVKPatil** » Thu Jan 03, 2013 10:25 am

Hi Guru,

When I left to India they have issued me a P45. And I am not sure whether they will give a letter saying it is business trip.. and I am not sure if it is acceptable also. Since I have a P45 when I left will it be treated as break ?

Post by **Lucapooka** » Thu Jan 03, 2013 11:09 am

If your company released you and issued you with a P45, and effectively stopped sponsoring your for a period of more than one month, they were obliged to report this to the UKBA under the Sponsorship management system.

It's not clear what has happened here, so it might be worth speaking to an immigration professional, who can contact your employer and hopefully resolve this matter.

SVKPatil · Post by **SVKPatil** » Thu Jan 03, 2013 12:31 pm

Sure.. Thank you Guru

SVKPatil · Post by **SVKPatil** » Tue Jan 08, 2013 2:53 pm

Hi Guru's

Can you kindly clarify whether I can apply for ILR on OCT 2013 based on the below information please,

Enterted UK (Tier 2 General Visa) : 12 Oct 2008
Went back to India : 22 Feb 2009 . P45 is issued by my company when i left.
Re entered UK : on 11 Apr 2009 ( Same company .. same visa)
Continuous stay till now with 44 paid annual leave.

Can you kindly clarify whether the break I have between 22 Feb 2009 to 11 Apr 2009 (48 days) is allowed or not.

I have posted similar query earlier,, but this query has clear details. you help is most appreciated.

Many Thanks.

wpilr_nov12 · Post by **wpilr_nov12** » Tue Jan 08, 2013 3:08 pm

Your question has been sufficiently answered by Lucapooka 3 posts up.

SVKPatil · Post by **SVKPatil** » Tue Jan 08, 2013 3:14 pm

Hi Guru,

can you please clarify on "speaking to an immigration professional"..
whom should I contact .. my queries to UKBA on the same returned with no answers

wpilr_nov12 · Post by **wpilr_nov12** » Tue Jan 08, 2013 3:16 pm

SVKPatil wrote:Hi Guru,

can you please clarify on "speaking to an immigration professional"..
whom should I contact .. my queries to UKBA on the same returned with no answers

Immigration lawyers would be my preference. Unfortunately I cannot give you any contact details as I have none.

SVKPatil · Post by **SVKPatil** » Tue Jan 08, 2013 3:31 pm

Hi Guru,

Thank you. I spoke to my company and they agreed to give me a letter which will state that my absence of 46 days was on a business visit to the same companies Indian branch and I was called back to UK after that assignment.

Will this be sufficient ? do you have any format for the letter that i can use.
Kindly reply as u r feedback is really valuable.

Many Thanks,
Vinay

wpilr_nov12 · Post by **wpilr_nov12** » Tue Jan 08, 2013 4:04 pm

You went out of UK possessing a P45.

How would I know what is the best way to conceal/distort this fact, if that is what you want to do.

SVKPatil · Post by **SVKPatil** » Tue Jan 08, 2013 4:41 pm

I just wanted to understand whether having P45 and working for the same company is considered as break ? Kindly reply

Post by **Lucapooka** » Tue Jan 08, 2013 10:11 pm

It's not working for the same company. It's the same owner but the employing entities are incorporated in different countries. You should have remained with the UK subsidiary and continued to have been paid by that entity. You did not do this.

SVKPatil · Post by **SVKPatil** » Wed Jan 09, 2013 11:33 am

OK .. Thank you Guru. I don't want to do any thing which is not legal. I will apply for my ILR in March 14 ( have continuous stay from Apr 09).

Thanks a lot for every one for their comments and help.

Cheers.

vishal17jan · Post by **vishal17jan** » Wed Jan 09, 2013 12:13 pm

Hi People,

I just want to clarify regarding the continuous period for ILR.

Just think logically, previous rules says 180 days in total of 5 years and now how it can be 180 days in each year i.e 180*5 = 900 days out of UK in total of 5 years. How lienent can HO be from 180 days staright to 900 days.

I am on th same boat as you gusy are, out of Uk for more than 180 days in tier 1 G, and eligible so thinking either wait for another rule or agree with 180 days per year which I doubt the case is.

Can someone please throw some more light on this?

Thanks
V

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ILR-Continuation of lawful leave during absences from the UK

ILR-Continuation of lawful leave during absences from the UK