Tier 1 (G) still eligible for ILR after unemployed absence?

[yazgat]

Dear IB members,

I heard of this community just today, which is a wealth of information about questions I could not answer, I thank everyone contributing.

I have doubts about my eligibility to apply for ILR after reading about the 'absence' requirements and recent changes made effective from April 2013. All the information about different dates and different applications just confused me so I am seeking some help / expert opinion.

My visa journey is:

18/12/2009 - Received my Tier 1 (General) Visa out of UK
17/03/2010 - First entry to UK (Days out of UK Count : 89)
19/03/2010 - Left UK to hand over responsibilities and finish affairs at home country
07/05/2010 - Came to UK start living & working at new job (Days out of UK from previous entry: 49)

Then the breakdown of 'absence' days:

18/12/2009 - 17/12/2010 : 138 Days (89 + 49, please see above)
18/12/2010 - 17/12/2011: 20 Days (paid leaves)
18/12/2011 - 17/12/2012: 29 Days (paid leaves)
18/12/2012 - 17/12/2013: 49 Days (16 days paid leaves + 33 days unpaid leaves*)
18/12/2013 - Now (26/03/2014): 10 Days (unpaid leaves*)

The * days are for ones when I was made redundant by my ex-employer and had holidays till I set up my company to work as a contractor. Since these were holidays and not visiting family, I am worried that these might treated as ceasing my continuity of living in UK. During this period I still sought employment in UK through e-mails and calls, but was on a different county.

My questions are:

1) From which date exactly I should start to count 5 years (UK Entry Stamp Date or "Grant of Entry Date")?
2) Would my unemployed absences be treated as 'cease' of continuity? How this period should be explained in ILR application?

I was not aware of this drastic changes made recently about absence and now I am worried about risking my ILR application

Note: I have no problems in scoring necessary amount of points for extension / ILR. All passing 4+ years were on Tier 1 (General) Visa, and I do not have any dependents.

Thanks in advance!

[sak20099]

I am exactly in same situation, and will apply ILR in June , in my case I spend 4 months outside in first year not paid in UK and still looking for answer

As far as I know you can discount first 89 days as the absences are counted from the day you make first entry into UK and not on date of entry clearance

[rahul656]

I am also in the same situation where i spent 4 months outside uk during my first year. I am due ilr in dec 2015. Please let us know the outcome of your application in june.

[Shanjo]

Hi Guys,

I am also in the similar situation, Below is what I think

1. We have not execeed the 180 days rule - so we should be Ok.

2. Tier 1 General migrants are not required to be in the constant employment and I blieve this visa category is clearly known to either seek a skilled emploment or to become a self-employed. For more details Please check the below link (query and a reply from settlement team, check the 2 point in reply)

http://www.immigrationboards.com/indefi ... 25765.html

3. I personally think while preparing the covering letter, just put the list of absences in total and mentioning that we have not execeeded the 180 days absence in any of the 5 years.

The above is good to me, Let me know your views and if you have any updates on this as well. Please do share your views

Thanks

[aubajwa]

I am also in the same situation where i spent 4 months outside uk during my first year. I am due ilr in dec 2015. Please let us know the outcome of your application in june.

Hello Rahul,

Did u managed to get ILR?
What explanation u provided for non-paid absences / family visit?

I have 60 days of non-paid absence, where I went back to my country and searched the job from there unless I did not received an interview call.

Thanks

[aubajwa]

Hello Yazgat,

Please confirm if u managed to get ILR?
What explanation u provided for non-paid absences / family visit (49 days)?

I have 60 days of non-paid absence, where I went back to my country and searched the job from there unless I did not received an interview call.

You feedback is highly appreciated and it will certainly help me to streamline my affairs.

Thanks

[wasim_n]

Hi

I had 136 days unpaid and was out of UK still got my ILR last month under Tier 1 (G), if your absences are under 180 mark each year there shouldnt be an issue.

Wx

[aubajwa]

Hi

I had 136 days unpaid and was out of UK still got my ILR last month under Tier 1 (G), if your absences are under 180 mark each year there shouldnt be an issue.

Wx

Thanks Wasim.

What reasons did you provided for 136 unpaid absence.
Do just general Family-Visit reason would suffice?

Thanks

[wasim_n]

Hi

I had 136 days unpaid and was out of UK still got my ILR last month under Tier 1 (G), if your absences are under 180 mark each year there shouldnt be an issue.

Wx

Thanks Wasim.

What reasons did you provided for 136 unpaid absence.
Do just general Family-Visit reason would suffice?

Thanks

Just write family visit

[yazgat]

Dear All,

Thank you for all comments and guidance provided.

I got my ILR and none of the mentioned caused any problem. I even did not receive any queries about them, just declared them as 'holiday' and that was it.

I wish you all good luck in your applications!