ILR Absences Query

[eddybaloch]

Hi,

I was just trying to populate my absences letter and something is confusing me.
I am applying on 13 Sept 2014 using 28 days rule ( First entered on 10 Oct 2009 on Tier 2)
Can you please advise whether my last 5 years are

A
Yr1- 09 Oct 2014 to 10 Oct 2013
Yr2- 09 Oct 2013 to 10 Oct 2012
Yr3- 09 Oct 2012 to 10 Oct 2011
Tr4- 09 Oct 2011 to 10 Oct 2010
Yr5- 09 Oct 2010 to 10 Oct 2009

or B
Yr1- 13 Sept 2014 to 10 Oct 2013
Yr2- 09 Oct 2013 to 10 Oct 2012
Yr3- 09 Oct 2012 to 10 Oct 2011
Tr4- 09 Oct 2011 to 10 Oct 2010
Yr5- 09 Oct 2010 to 10 Oct 2009

or even C as I read the FAQ in the forum says ..."counted backwards from the date of the ILR application.." and if I do this it shows I am not qualified to apply yet.

Yr1- 13 Sept 2014 to 12 Sept 2013
Yr2- 13 Sept 2013 to 12 Sept 2012
Yr3- 13 Sept 2012 to 12 Sept 2011
Tr4- 13 Sept 2011 to 12 Sept 2010
Yr5- 13 Sept 2010 to 12 Sept 2009

This is all very confusing. Any help would be appreciated.

Adil

[aravindb4u]

None of the above...And the correct answer is,

13-Sep-2014 to 10-Oct-2009

[draveshiya]

Gurus

Can you please throw some light on this? I believe it should be should be option 'C'

Please advice

Thanks
Darshan

[abid4u]

Yr1- 13 Sept 2014 to 14 Sept 2013
Yr2- 13 Sept 2013 to 14 Sept 2012
Yr3- 13 Sept 2012 to 14 Sept 2011
Tr4- 13 Sept 2011 to 14 Sept 2010
Yr5- 13 Sept 2010 to 14 Sept 2009

Please refer to page # 19 of the document which is available at:

https://www.google.co.uk/url?sa=t&sourc ... ILIhgroZ0g

Initial absences, if they are within the 90 days of entry clearance to the actual entry dates are not considered as absences.

[Pradsbvb]

Hi Guru's
I have got a immigration question , hoping this thread might help.
Sorry I have asked the same question on different thread. But have had no responses so far. Third time may be lucky.

I got my tier1 visa valid from 1st nov 2010. I came to UK on 9th jan 2011 and went back on 29 jan.
Since then I have made following journeys
Landed in UK on 20 February 2011 and returned on 23 April 2011
Landed in UK on 30 July 2011 and here since then.

I didn't have job in UK between 9th jan 2011 - 30 July 2011. I was working in India for the same company as I'm working today in UK.

Now I'm planning to apply for PR in nov 2015 as my current visa is valid till 22 jan 2016.


My question is
1. In year 2010 - 2011 have I crossed 180 days limit? My confusion is weather the time period between my start of visa and day I came is counted towards 180 limit ? Also considering I wasn't working in UK.


THANKS.

[bhp]

Hello Pradsbvb,

Strictly speaking you have not crossed the 180 days limit rule. However the case worker might want to know what you were doing outside UK once you entered UK for the first time and left for India.

Since you were not employed during that time, self-certify a personal letter and state the reasons for your visit to India, you can say job hunting or attending interviews in India for positions in UK as you said your Indian employer placed your here.

Do carry 5 years of P60 when you go ILR, this will show economic activity for continuous period of 5 years.

Regards,
BHP

[Venkat79]

Hi all,

Can you please help me with the below and advise whether I will be eligible to apply for ILR?

Entry to UK and Exit
June 2008 - Feb 2009 - Tier 2 ICT Workpermit
Nov 2009 - April 2012 - Tier 2 ICT workpermit (same one as before), then moved to Tier 1 General in May 2010
April 2013 - until now - Tier 1 General (the previous one extended in Apr 2012)

I am looking to apply for ILR in 1st week of November 2014, but this is how the absences are coming:
1) Year 1 going upto November 2013 - 22 days
2) Year 2 going upto November 2012 - 180 days (continuous)
3) Year 3 going upto November 2011 - 179 days (17 days and 162 days)
4) Year 4 going upto November 2010 - 5 days
5) Year 5 going upto November 2009 - 7 days

Now, my issues are:
i) During April 2012 - April 2013 I was outside country for a continuously 342 days. When I breaking it into 2 different years it is appearing at 180 days and 162 days. I am not sure whether that is allowed

ii) In Year 2, I was out for 180 days and in Year 3 a total of 179 days.

Pease advise whether I am eligible to apply for ILR and issues I may face.

Thanks,
Venkat

[Macro_Run]

Hi all,

Can you please help me with the below and advise whether I will be eligible to apply for ILR?

Entry to UK and Exit
June 2008 - Feb 2009 - Tier 2 ICT Workpermit
Nov 2009 - April 2012 - Tier 2 ICT workpermit (same one as before), then moved to Tier 1 General in May 2010
April 2013 - until now - Tier 1 General (the previous one extended in Apr 2012)

I am looking to apply for ILR in 1st week of November 2014, but this is how the absences are coming:
1) Year 1 going upto November 2013 - 22 days
2) Year 2 going upto November 2012 - 180 days (continuous)
3) Year 3 going upto November 2011 - 179 days (17 days and 162 days)
4) Year 4 going upto November 2010 - 5 days
5) Year 5 going upto November 2009 - 7 days

Now, my issues are:
i) During April 2012 - April 2013 I was outside country for a continuously 342 days. When I breaking it into 2 different years it is appearing at 180 days and 162 days. I am not sure whether that is allowed

ii) In Year 2, I was out for 180 days and in Year 3 a total of 179 days.

Pease advise whether I am eligible to apply for ILR and issues I may face.

Thanks,
Venkat

The absence(s) do not exceed 180 days in a relevant 12 month period. (then,you will be eligible for ILR)
You must only count whole days as absences. Part day absences, for example, less than 24 hours, are not counted as an absence.
You need to calculate your absence days.(it is exceed 180 days or exact 180 days or below 180 days)

[Venkat79]

Hi Macro_Run,

It doesn't exceed 180 days in any of the years.
In year 2, it's exact 180 days excluding days of travel and in year 3 exactly 179 days (out of which 162 days are continuous).
Year 2 & 3 combined I was out of the country for a total of 359 (342 days continuously).

Thanks,
Venkat

[Macro_Run]

I think it does not exceed in any consecutive 12 months period but,you are calculating your absence each year
(November - November).
Please look at the below link for more details and if you want make sure this, the good way call up to Home Office.
https://www.gov.uk/government/uploads/s ... eriods.pdf

[Venkat79]

Thanks Macro_Run.

Have another question. I see on the form that UKBA needs evidence of all the absences including Paid Annual Leave. What evidences are acceptable?

Thanks,
Venkat

[Venkat79]

Hi All,

Please can someone advise about what evidence needs to be provided for the absence from UK?

Thanks,
V

[Ric]

hi venkat
have you been successful with breaking your absences ? did you manage to get an application date to suit your calculation.. what evidences did you submit
i have a similar situation with 178 days absence on two years.

[Venkat79]

Hi Ric,

Yes, I got some suitable dates and applied successfully. I wrote a cover letter giving a break-down of all the absenses and reasons for them. I had also attached relevant medical papers.

Good luck with your application.

Regards,
Venkat

[Ric]

would you mind if i can get in touch with you to discuss further, need some advice on cover letter & evidences to be submitted. can be reached at richard.cbe@gmail.com, any help is much appreciated.
tx..

[Ric]

can someone please share format for cover letter - specifically explaining absences period.. and what documents needs to be submitted as evidence for absence ?