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ILR Absence - New Rules

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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baaghi
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Joined: Fri Mar 21, 2014 11:31 am

ILR Absence - New Rules

Post by baaghi » Fri Mar 21, 2014 12:06 pm

Okay, so I've read the new ILR continuous residence guidelines published Jan 2014 which leaves me totally disappointed.

Can anybody please clarify if I’ve go it right keeping in mind that I’ll be applying under Tier 1 General category?

- It says that any absence should not be more than 180 days but then they also want the absences to be relevant to the original purpose of entry to the UK. Proof should also be provided for all absences.

Does that mean if I’ve an absence less than 180 days in any year but can not provide a valid reason for the absence (sabbatical, holiday between jobs, etc) I do not qualify for ILR even after spending 5 years in UK ????

That sounds a bit daft because Tier 1 General migrants came here to find work and can not contribute from day 1 anyways. :?:

In my case, I came on Tier 1 and went back to my home country for around 2.5 months in my first year as I could not find a job here. So there is no compelling or compassionate reason.

Can anybody please-please guide?? I am really desperate. PLEASE !! :cry: :cry:

sky2020
Junior Member
Posts: 57
Joined: Wed Feb 05, 2014 10:56 am

Re: ILR Absence - New Rules

Post by sky2020 » Fri Mar 21, 2014 12:29 pm

Most of the people succeeded even without employer letter as they were under 180 days, although doc states to provides so you can minimum provides self prepared document listing holidays.

I have combination of work and personal holidays but i don't have proof for personal holidays so based on others successful experience i will be using same way (self document for personal + employer document for business trips)..

Thanks

S

baaghi
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Posts: 23
Joined: Fri Mar 21, 2014 11:31 am

Re: ILR Absence - New Rules

Post by baaghi » Fri Mar 21, 2014 12:43 pm

Hiya S,

Thanks for the reply.

I have also read multiple experiences where people were not asked for any kind of absence proofs but all those experiences are pre 2014. Don't know if anybody has applied for ILR lately based on these new guidelines :|

sroy
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Joined: Sun Mar 02, 2014 2:10 pm

Re: ILR Absence - New Rules

Post by sroy » Fri Mar 21, 2014 2:48 pm

Hi,

I was recently granted ILR and all my absences were holidays.This seemed to be absolutely fine as no questions were asked during my PEO appointment.I did take letter from employer with me and I had less than 180 days absences in any given year.

HTH.

baaghi
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Joined: Fri Mar 21, 2014 11:31 am

Re: ILR Absence - New Rules

Post by baaghi » Fri Mar 21, 2014 3:21 pm

Hi Srory,

Just to clarify, were your holidays in accordance to the statutory UK holiday entitlement (which is usually 28-30 leave per year)??

Thanks

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rahul656
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Re: ILR Absence - New Rules

Post by rahul656 » Sun Mar 23, 2014 4:53 pm

I am also in the same situation. I spent 4 months outside UK during the first year and after that all the absence were paid holidays. I am due ILR in dec 2015. Not sure if i should go for extn as extn will be closed by april 2015?

baaghi
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Posts: 23
Joined: Fri Mar 21, 2014 11:31 am

Re: ILR Absence - New Rules

Post by baaghi » Tue Mar 25, 2014 4:42 pm

Hi Rahul,

Where did you get the information that Tier 1 extensions are closing in April 2015?

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rahul656
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Re: ILR Absence - New Rules

Post by rahul656 » Wed Mar 26, 2014 1:31 am

baaghi wrote:Hi Rahul,

Where did you get the information that Tier 1 extensions are closing in April 2015?

Hello here is the link. Check page 5

https://www.google.co.uk/url?sa=t&sourc ... JCSf2kad-g

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