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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7602
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hi, I will highly appreciate if you could help me with

Resolved Question:

Hi,
I will highly appreciate if you could help me with this question.
I am an airline pilot and i came to uk in 2009 as a tier 1 general migrant. As part of my job i keep going out and comming back very frequently. Since the aircrew is exempted from immigration control at the airport my passport is never stamped. Now i am completing my five years and soon i will be qualified to apply for an ILR. Though my passport does not show any absences but my actual absences are more than the maximum allowed. You think i qualify to apply according to some exemption rules for aircrew.
Thanks a lot
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

What absences are shown by your passport?

Presumably, the absences due to being a pilot are easily evidenced, ues?

Kind regards

Tom
Customer: replied 3 years ago.
Hi,
The absences shown on the passport are very few and are very well within limit of 180 per year. These stamps show my travel as a passenger, when I went abroad and came back while on leave.
My travel abroad as a crew is not evidenced in my passport since crew is exempt from immigration control and passport is not even required to enter or exit.
So as per passport i am in the country for most of the time. Immigration rules do disregard job related absence up to 180 days per year.
My question is that do i need to justify my job related absence from the country which are not even evidenced in my passport.
I hope i am more clear this time,
Thanks a lot
Expert:  Thomas replied 3 years ago.
Hi,

Thanks for your reply.

Drafting your answer now. 10 mins please.

Tom
Expert:  Thomas replied 3 years ago.
Hi

Thank you for your question and patience.

You will still be okay to apply for ILR, but I would disclose the flights that you have carried out during the course of your work and explain that these are not recorded in your passport.

Plainly, they are solely for the purposes of your job and I imagine you are easily able to evidence them. It is of course correct that 180 days purposes may be discounted and that you can also argue that certain days outside the UK for the sole purpose of work should also be disregarded in calculating time outside the UK.

I would:-
1. State that you interpret your days outside the UK to be only those that have not been solely for the purposes of work.
2. State your days outside the UK on this basis.
3. State that you consider the flights which have physically taken you outside the UK for work to not be regarded as days outside the UK because they are not recorded as such on your passport.
4. State the flights that you have taken as a result of 3 above. ]

The UKBA will certainly exercise their discretion in this area provided that you can show that you are an employed airline pilot for the duration of your visa and that you can show the flights that you have taken.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.

Kindly rate my answer if you are satisfied with the information I have provided.

Kind regards,


Tom
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