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ILR - Why is it so confusing?

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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Ess2013
Newbie
Posts: 40
Joined: Thu Feb 07, 2013 3:53 pm

ILR - Why is it so confusing?

Post by Ess2013 » Sun Oct 12, 2014 4:16 pm

So I'm applying for ILR early next year. I've been reading this forum and I have to say, I'm more confused now than I was when I started out :)

I'm on Tier 1 General visa and am trying to figure out the continuous period. Someone here said that if I was out of the country for a few days between jobs, it re-sets the clock for my application. That makes no sense. So for example, if I changed jobs 3 years ago and went to the US for 10 days and was obviously unemployed during the time (but had options and interviews, and started working as soon as I came back), does that mean I can't apply for ILR because it breaks the 'continuous period'? HUH? Are we not allowed to go on holiday - or am I completely misunderstanding the rules? I asked the question of an immigration lawyer and this is what they said:

'The application is a points based application, you can be employed, self-employed or even out of work, as long as you do not exceed the 180 of absences in each of the five years prior to the application, your residency will not be broken. You do not need letters from employers etc for your absences, you just need to provide a list of your absences.'

I'm assuming my lawyer, whoM I've paid, knows what she's talking about, so why am I hearing different things on this forum? GURUS, WHAT'S GOING ON?!

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: ILR - Why is it so confusing?

Post by physicskate » Sun Oct 12, 2014 6:08 pm

Ess2013 wrote:So I'm applying for ILR early next year. I've been reading this forum and I have to say, I'm more confused now than I was when I started out :)

I'm on Tier 1 General visa and am trying to figure out the continuous period. Someone here said that if I was out of the country for a few days between jobs, it re-sets the clock for my application. That makes no sense. So for example, if I changed jobs 3 years ago and went to the US for 10 days and was obviously unemployed during the time (but had options and interviews, and started working as soon as I came back), does that mean I can't apply for ILR because it breaks the 'continuous period'? HUH? Are we not allowed to go on holiday - or am I completely misunderstanding the rules? I asked the question of an immigration lawyer and this is what they said:

'The application is a points based application, you can be employed, self-employed or even out of work, as long as you do not exceed the 180 of absences in each of the five years prior to the application, your residency will not be broken. You do not need letters from employers etc for your absences, you just need to provide a list of your absences.'

I'm assuming my lawyer, whoM I've paid, knows what she's talking about, so why am I hearing different things on this forum? GURUS, WHAT'S GOING ON?!
Listen to the lawyer. She is spot on in your case.

Ess2013
Newbie
Posts: 40
Joined: Thu Feb 07, 2013 3:53 pm

Re: ILR - Why is it so confusing?

Post by Ess2013 » Sun Oct 12, 2014 7:38 pm

Thank you, that's heartening to know!

Subtle
Member
Posts: 116
Joined: Wed Jan 15, 2014 3:37 pm

Re: ILR - Why is it so confusing?

Post by Subtle » Sun Oct 12, 2014 9:17 pm

Ess2013 wrote:I'm assuming my lawyer, whoM I've paid, knows what she's talking about, so why am I hearing different things on this forum? GURUS, WHAT'S GOING ON?!
As answered before me, your lawyer is correct.

But just curious, in what thread did you read anything opposite?
The views and opinions expressed in this post are exclusively mine and must be assumed as advice only. These do not necessarily reflect the official policy or position of any representative of the UK Home Office.

Ess2013
Newbie
Posts: 40
Joined: Thu Feb 07, 2013 3:53 pm

Re: ILR - Why is it so confusing?

Post by Ess2013 » Sun Oct 12, 2014 9:32 pm

I wish I had saved it - it was definitely on this forum and there is some UKBA correspondence on the Internet too (on whatdotheyknow.com) about the same - it made no sense but it was there, in black and white...very odd. I sent it to my lawyer, and she gave the response I've quoted above.

From what I understand, if I ever went on holiday or for work, i need to explain it, but I don't need to provide 'evidence'. And my continuous period is NOT broken if I leave the country while unemployed, unless it exceeds 180 days.

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 6:20 pm

Re: ILR - Why is it so confusing?

Post by Go12 » Mon Oct 13, 2014 8:57 am

Yes mate,I have asked the same question so many times on this forum,but very uncertain replies,
My ILR is on oct 2015,was out of uk for 150 days unemployed at a strech.ppl say like as per the rules till now 180 days within absences is fine ,but they are not sure will these same rules will be there when I apply for ILR in 2015 oct.And with ext closing it's very scary too,ukba policies are absurd they change the rules like seasons:(
I m at cross roads

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