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More Than 180 Days Outside Of Uk During That Last 5 Years


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#1 ashwinacchu

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Posted 22 November 2012 - 01:07 AM

Hi,

I am living in the UK for the last 5 years, details of my visa during
this period is given below:

Sep/07 - Jun/10 - Work Permit provided by my X employer
Jun/10 - Till date Tier 1 Visa (Current validity of Tier 1 is till June/2015)

This september i have completed 5 years in the UK but i was not
present in UK during the period 28/Aug/10 to 17/March/11. I have a
letter from my previous employer that i had to travel back to india
for providing knowledge transfer to offshore team and why my stay at
offshore was crucial.

Is there a chance i can apply for my ILR and it will go through or
will i have to wait for another 3.5 years.



#2 Victoria

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Posted 22 November 2012 - 08:03 AM

You will have to wait as 6 months out breaks residency.

#3 ashwinacchu

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Posted 23 November 2012 - 01:57 AM

Hi Victoria,

The new Immigration Rules published in UKBA on 22, Nov which will come in to force on 13 December 2012 is copied below:

"the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 calendar month periods (or four consecutive 12 calendar month periods where the applicant is applying under the terms set out in Appendix S) preceding the date of the application for indefinite leave to remain"

Considering this new rule if i am not wrong my absence period 28/Aug/10 to 17/March/11 will automatically split as 4 months in the calender year 2010 and 3 months in the calender year 2011.

Can you please advice if i will be eligible as per this new rule.

#4 pozsonyi

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Posted 23 November 2012 - 10:49 AM

Hi Victoria,

The new Immigration Rules published in UKBA on 22, Nov which will come in to force on 13 December 2012 is copied below:

"the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 calendar month periods (or four consecutive 12 calendar month periods where the applicant is applying under the terms set out in Appendix S) preceding the date of the application for indefinite leave to remain"

Considering this new rule if i am not wrong my absence period 28/Aug/10 to 17/March/11 will automatically split as 4 months in the calender year 2010 and 3 months in the calender year 2011.

Can you please advice if i will be eligible as per this new rule.

The split is not into calendar years but into 5 consecutive periods of 12 calendar months preceding the application, so it seems that you can time your application to comply.

Further guidance and clarification is likely to be issued before 13 December.

#5 ashwinacchu

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Posted 24 November 2012 - 11:49 PM

Ok so if i can time my application in december or jan then i can comply......can you please help me with some good solicitors for ILR who can help me with my application.

#6 pozsonyi

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Posted 25 November 2012 - 11:27 AM

Ok so if i can time my application in december or jan then i can comply......can you please help me with some good solicitors for ILR who can help me with my application.


it would seems so but since the new rules are a drastic departure from the current ones which apply until 13/12/2012 there may be further clarification/guidance to the new rules.

There are OISC advisors active on this forum who you could approach about assistance with the application

#7 Alban

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Posted 25 November 2012 - 06:05 PM

On this forum you can find very good oics and fee are too bad also, my self I got a lawer from this forum, my understating its that if I had the opportunity to know this forums I could have been British citizen long time ago.
I am sure you will not regret it.
Good luck



#8 Victoria

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Posted 26 November 2012 - 10:34 AM

Please feel free to email me to discuss the case and my fees.




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