ILR continuous residence and 90 day concession

[Dhyeya]

Hello

Please can anyone guide me on our eligibility for applying for an ILR in June 2014? I am the main applicant and my husband on dependant visa.
Tier 1 (general) granted from 01 Apr 2009
Date of first entry into UK: 12 Jun 2009 and stayed till 20 Jun 2009 and I went back to India. My husband however continuted to stay.
Returned to UK on 13 Nov 2009.
Extension: 09 Jul 2012 to 09 Jul 2014.

I have calculated the total days I was away for each year during my 5 years and the first year I was out of UK for a total of 147 days. The rest of the four years I have been our of country for less than 100 days.

Both of us plan to go for one day service in Jun. Please advise if we are ok with the 90 day rule? I am doubtful because of my short initial stay.

Thank you

[Mind_The_Gap]

Hi Dheya,

Welcome to the forum!

01 Apr 2009* + 4years 11months 2days** = on or after Tuesday, March 4, 2014***

* 90 day concession (page22): The entry clearance stamp date is counted as the date of the start of the 5 year lawful residence not the Entry date in the UK itself, under the condition that the Tier 1 G migrant enter within 90 days of the EC.

** 28 days - Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (if a fee is charged for your application type). However, you must make your application before your current permission to stay in the UK expires.

*** Continuous residence: Continuous residence is time you’ve spent in the UK without gaps.You can leave the UK during the continuous residence for up to: 180 days at a time, 539 days in total. You can’t count time spent in: a prison, young offender’s institution or secure hospital, the Republic of Ireland, Isle of Man or Channel Islands

MindTheGap

[Dhyeya]

thank you for a quick response. Was very helpful.

Please correct my understanding. Since I have entered within 90 days of EC, and never been more than180 days in total out of the coutnry in any 12 consequtive months, I should have no problems?

Dhyeya

[Mind_The_Gap]

thank you for a quick response. Was very helpful.

Please correct my understanding. Since I have entered within 90 days of EC, and never been more than180 days in total out of the coutnry in any 12 consequtive months, I should have no problems?

Dhyeya

That is correct Dhyeya.

Please don't forget to share your Postal or PEO experience.

All the best,

MindTheGap

[baaghi]

Sorry to muddle the water guys. I am in the absolute same situation as yours and was absent for around 2.5 months after my first entry clearence.

Confused about the statement below in the Continuous Residence Guide:

"Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason"

Although the guide says "No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR)." However, they still want reasons/proof for absences less than 180 days as "Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments." (All the quoted parts are from the new guide https://www.gov.uk/government/uploads/s ... eriods.pdf)

Hope anybody can help and shed more light on it.

[Mind_The_Gap]

Sorry to muddle the water guys. I am in the absolute same situation as yours and was absent for around 2.5 months after my first entry clearence.

Confused about the statement below in the Continuous Residence Guide:

"Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason"

Although the guide says "No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR)." However, they still want reasons/proof for absences less than 180 days as "Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments." (All the quoted parts are from the new guide https://www.gov.uk/government/uploads/s ... eriods.pdf)

Hope anybody can help and shed more light on it.

Thanks baaghi.

The UKBA wants to ensure applicants aren't abusing the system.

A letter of explanation regarding your 2.5 month absence after your first entry clearance will suffice.

Page 20:

"Short visits outside the UK on weekends or other non-working days are consistent with the
basis of stay and do not break the continuity of leave. You must count such absences
towards the 180 day limit.

Evidence in the form of a letter from the employer which sets out the reasons for the
absences, including annual leave, must be provided. Where short visits outside the UK, on
weekends or other non-working days have taken place, evidence from the employer must be
provided to confirm the applicant’s normal working pattern and show the absences occurred
during a non-working period. Tier 1 (General) applicants who are self-employed or in
business must provide a letter of explanation of their business-related absences."

Hope this helps.

MindTheGap

[baaghi]

Thanks for the reply MindtheGap.

It seems the guidelines have become really ambiguous now.

On one hand they are saying it is okay to have short breaks on non working days as you copied above and on the other hand there is this worrying paragraph:

"Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments. This also includes, any paid annual leave which must be assessed on a case by case basis and must be in line with the UK statutory annual leave entitlement."

"The applicant must provide evidence in the form of a letter which sets out the reason for the absence with documents of support. For example:
 medical certificates
 birth or death certificates
 evidence of disruption to travel arrangements."

So reading at these paragraphs it seems that no other absence is allowed apart from the one mentioned above.

[Mind_The_Gap]

Thanks baaghi.

For peace of mind this may help. Extract from a UKBA email:

If you have read this message and looked on the UK Border Agency website, but you have not found the information you require, please re-send your enquiry with "FAQ" in the subject/title line to:

UKBApublicenquiries@ukba.gsi.gov.uk

Please don't forget to share your correspondence and their reply with us.

Thanks,

MindTheGap

[baaghi]

MindTheGap, it seems there was some problem as can't see excerpts of the email you are talking about.

Also when was this correspondence received?

[Mind_The_Gap]

MindTheGap, it seems there was some problem as can't see excerpts of the email you are talking about.

Also when was this correspondence received?

Sorry, my previous post implied - if you are unsure, it's best to email the UKBA.

All the best,

MindTheGap

[tier1kpr]

Hello,
My scenario falls in the same situation.
could you confirm my eligibility for applying for an ILR in June 2014?
Tier 1 (general) granted from 01 Mar 2009
Date of first entry into UK: 03 Jul 2009 and stayed till 27 Nov 2009 and I went back to India.
Returned to UK on 05 Mar 2010. I was jobless all this period.
As I stayed out of UK for 98 days initially in first 12 months and which is less than 180 days, Would it be considered continuous period? Do I need to provide letters to consider under compelling reason?

Please advice and your help greately appreciated.

Thanks,
KPR

[shace318]

Hi tier1kpr
you came after 90 days from EC, so your ILR starts from date of entry which will be 3/7/09
but you can apply 28 days before your 5th year which will be on or after 5/6/2014.
however you will need to give a valid reason for your absence from UK between Nov 2009 to Mar 2010.
Shace

[tier1kpr]

Hi tier1kpr
you came after 90 days from EC, so your ILR starts from date of entry which will be 3/7/09
but you can apply 28 days before your 5th year which will be on or after 5/6/2014.
however you will need to give a valid reason for your absence from UK between Nov 2009 to Mar 2010.
Shace

Thank you Shace, I will provider a medical letter under compelling grounds for my absence from UK between Nov 2009 to Mar 2010.
Thank you for clarification.
kpr

[Dhyeya]

Hello again

Further to the discussion above, my reason for absence from June 2009 to Nov 2009 has no compelling reasons and I was working in India during this period. I only had to stay back because I was waiting for my company to make a decision on whether they can give me a role in their UK branch and when they confirmed I moved to this country and worked for them for a year. This is not an internal transfer. It is considered a fresh application although within same company.

ILR granted: Apr 2009
First entry: Jun 2009
Left country in : Jun 2009
Came back and continued to stay from Nov 2009.

Should I get another extension instead of going for ILR now as I have no valid reason that would be acceptable by the immigration officer? Im very worried about this, please suggest what can be the best way to move forward.

Thank you

[baaghi]

Hi Dhyeya,

As per some recent posts here, people have successfully got their ILR with an unexplained absence. They were simply not asked the proof as there absence was less than 180 days. However, the Set O form and the guidelines clearly say that there has to be a valid reason for your absence.

You may try your luck with only your application first and try the dependent later on if you are successful.

Please keep us posted or message me as I am in the same situation. My ILR is due in later this year.

Thanks

[pvsunil001]

Sorry to muddle the water guys. I am in the absolute same situation as yours and was absent for around 2.5 months after my first entry clearence.

Confused about the statement below in the Continuous Residence Guide:

"Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason"

Although the guide says "No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR)." However, they still want reasons/proof for absences less than 180 days as "Absences must be connected to the applicant’s sponsored or permitted employment, or the permitted economic activity being carried out in the UK, for example, business trips or short secondments." (All the quoted parts are from the new guide https://www.gov.uk/government/uploads/s ... eriods.pdf)

Hope anybody can help and shed more light on it.

Hi Mate,
Noticed from forum that you had written about a 2.5month gap in first year while applying for ILR. How did yor ILR application go? Did that gap give you any trouble?i I am in similar situation. I got a 94 days gap in first year to serve notice in india?It would be a great help if you could let me know how did you handle it.
thanks in advance.