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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6290
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, I came to UK in Feb 2008 in Work permit visa (Intra Company)

Resolved Question:

Hi,
I came to UK in Feb 2008 in Work permit visa (Intra Company) and its got extended till 26th Jan 2013 .But in between there was a gap of around
386 days in 5 years.
Below are the details of absence
2008 - No
2009 - 134 days
2010 - 46 days
2011 - 206 days
2012 - No


Can I apply for ILR in this scenario according to new rule or any other alternate option ?
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

I’m afraid that I could not advise you to apply for ILR right now.

Generally, the UKBA requires that a person should not have spent more than 180 days outside of the UK during the 5 year period counting towards ILR. Additionally they also require that a person should not have spent more than 90 days in any one trip outside the UK.

Sometimes there is an element of flexibility if such time can be justified as being exceptional or out of the person’s control in some way, but the reality is that that there are two breachs of the 90 day requirement and the total days outside the UK are more than double the upper limit.

I’m afraid that they would probably take the application fee, bank it and then reject your application.

I don’t mean to give you bad news but I hope you are able to see that it’s better for you to reconcile yourself with it rather than to lose money and time preparing/submitting the application.

.Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,


Tom
Customer: replied 1 year ago.

.

Customer: replied 1 year ago.

But as per new rule 180 days outside UK in year are aceptable

Expert:  Thomas replied 1 year ago.
Hi,

Sorry I think I misread you question.

If you are on an ICT then provided you should not spend more than 180 days in any 12 month period outside the UK. Note, it's ANY 12 month period, not calender year.

The total absences would not be a problem, however I'm afriad that the 206 days in 2011 would breach the requirement and therefore the application would be at the discretion of the UKBA because this give them a ground to refuse the visa

Tom
Customer: replied 1 year ago.

Haa correct, but I have salary certificate and bank statement for those in outside UK. Is this valid evidence ? or if i spend additional 26 days ?


 

Expert:  Thomas replied 1 year ago.
Hi,

Sorry can you expand on your most recent reply please?

Tom
Customer: replied 1 year ago.

For the additional absense of 26 days, If I can extend my existing visa is there any options?

Expert:  Thomas replied 1 year ago.
Hi,

I'm saying that the application would be entirely at their discretion. If there was some personal reasons which contributed to the length time which took you over 180 days in 2011 and you were able to document them so that the UKBA accepted that these were for an exceptional reason then you may still have a chance.

However, it woudl be entirely at the discretion of the UKBA so by applying you woudl be accepting the risk that they might reject anyway.

Tom
Customer: replied 1 year ago.

Any alternate options in this situation ? But those days are completly on work and salary credited on those period.

Expert:  Thomas replied 1 year ago.
Hi,

I'm afraid that I can't really see that there is. Given that they happened quite recently though it will be a long time until you are elgible so it may be worth a go applying..

Tom
Customer: replied 1 year ago.

What all documents its needed in this situation

Expert:  Thomas replied 1 year ago.
The UKBA page on settlement under ICT provided some guidance:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/ict/settlement/

The rest of the document guidance is contained in the applciation form and guidance notes which you can download from the side of the above link.

Tom
Customer: replied 1 year ago.

THanks, XXXXX XXXXX those absense what document I need to attach as evidence ?

Expert:  Thomas replied 1 year ago.
If you're not arguing they were exception then a statment from you and your passport confiming the absences, together with a signed letter from your work confirming the absences and the reasons for them.

I have answered your question. Please rate my answer.

Tom
Thomas, Solicitor
Satisfied Customers: 6290
Experience: BA (Hons), PgDip, Practising Solicitor
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