ILR Confusion on 180 days and Absence Reason???

[vineetnangia]

Hi

I Need information if I am eligible for ILR in 23-Jul-2015 and have more queries if I require another extension.

I came in UK under Tier-1 in 25-Aug 2010, left UK in 01-Nov-2010 and return in 12-April-2011 (6 months leave (161 + 10 days)) since then second entry in UK and started working from 1st Jul 2011.

First Tier-1 (General) Visa starts at 24 Jul-2010. My second extension expires in JUL-2015 (2+3).

Under April 2013 changes I have following breakdown if I apply before 23 Jul-2015.

25 AUG-2014 - 25-AUG-2015 --> Unforeseen (But no break)
25 AUG-2013 - 25-AUG-2014 --> 21 days absence (Future Approved Leaves from Employer )
25 AUG-2012 - 25-AUG-2013 --> 20 days absence (Approved Leaves from Employer )
25 AUG-2011 - 25-AUG-2012 --> No Break
25 AUG-2010 - 25-AUG-2011 --> 171 days absence (working in Indian company from 1st Nov to 10 april 11) -->

1. Do i need to provide the reason for my 171 days of absense as I went back and started working with India?

2. Will I be eligible for ILR? if not then I believe another extension is required.

3. If another extension is required, upto how many year i might get extension?

4. Can I apply for another extension in Nov-14 or Dec-14?

5. My Dependents came in Dec-2011 and still are with me. Are they be eligible for ILR for the same time with me? If not then do they need to go for another extension route?

[argus7]

Working in India on an absence of over 180 days breaks the continuous residency period.

See the guide.

[jain236]

Hi

I Need information if I am eligible for ILR in 23-Jul-2015 and have more queries if I require another extension.

I came in UK under Tier-1 in 25-Aug 2010, left UK in 01-Nov-2010 and return in 12-April-2011 (6 months leave (161 + 10 days)) since then second entry in UK and started working from 1st Jul 2011.

First Tier-1 (General) Visa starts at 24 Jul-2010. My second extension expires in JUL-2015 (2+3).

Under April 2013 changes I have following breakdown if I apply before 23 Jul-2015.

25 AUG-2014 - 25-AUG-2015 --> Unforeseen (But no break)
25 AUG-2013 - 25-AUG-2014 --> 21 days absence (Future Approved Leaves from Employer )
25 AUG-2012 - 25-AUG-2013 --> 20 days absence (Approved Leaves from Employer )
25 AUG-2011 - 25-AUG-2012 --> No Break
25 AUG-2010 - 25-AUG-2011 --> 171 days absence (working in Indian company from 1st Nov to 10 april 11) -->

1. Do i need to provide the reason for my 171 days of absense as I went back and started working with India?

2. Will I be eligible for ILR? if not then I believe another extension is required.

3. If another extension is required, upto how many year i might get extension?

4. Can I apply for another extension in Nov-14 or Dec-14?

5. My Dependents came in Dec-2011 and still are with me. Are they be eligible for ILR for the same time with me? If not then do they need to go for another extension route?

i reckon you have to go for another extension... and you have to do it before april 6

[argus7]

Were you away from the UK for a period of 180 days at a stretch, For tier-1 you don't need to be in continuous employment, but If you have worked in India. then it can be an issue. Consult a professional immigration adviser as this forum may/may not be of any help on this question.

there are people who were away from the UK in the first year but have got ILR because they did not exceed 180 days in a year.

[haiksuresh]

1. Do i need to provide the reason for my 171 days of absense as I went back and started working with India?
Yes, You need to get a letter from your employer like you have been relocated and worked from india. Couple of our friends got a letter from infosys and got their ILR.

2. Will I be eligible for ILR? if not then I believe another extension is required.
You will be eligible for ILR with out any extension if 24-Jul-2010 to 24-Jul-2011 absenses are not more than 180 then you can go for ILR on 29-Jum-2015. If you need more info msg me i will send more details on this.

3. If another extension is required, upto how many year i might get extension?
Next extension will be 3 years only. Even i got 3years extension for my 2nd extension

4. Can I apply for another extension in Nov-14 or Dec-14?
As long as you are eligible you can.

5. My Dependents came in Dec-2011 and still are with me. Are they be eligible for ILR for the same time with me? If not then do they need to go for another extension route?
If you are eligible for ILR, then they are eligible as they came before 9th July 2012

[abusiddique]

Hi haiksuresh,

I have similar query

1.My inital visa granted on 29 dec 2009 and my second 2 year extension granted on 31/01/2013 valid until 30/01/2015

2.I came to UK on 24 march 2010 which is after 85 days(not exceeding 90 days threshold),Can I apply 19th december as I heard that the continuous period counting starts from date of application to date of initial visa granted,if I apply am I falling under 28 days exception or still I need to wait until 29th december ?

3.I have 2 dependants my wife and five year old son as they came uk on March 2013(dependant has to stay five years to qualify for ILR if they applied after july 2012) is that apply to my son as well or he can apply ILR along with me ?

4. Do I need to include my initial 85 days absence in absence letter as absence or only holidays I took after that ?

5.Absence letter form employer should be specific with dates or they say I took these many days during this period ?

I'm bit confused your help will be much appreciated,thanks in advance.

Abu

[vinnydpu]

Hi Haiksuresh,

Looking at your response I have a query in my mind with regards to the gap I have during my Tier 1 tenure from 01-Jan-2011 to 16-Aug-2011.

Background:

I came on ICT2 (Inter Company Tier 2 Visa) Stamped in Dec 2009 & came to London on 17th Jan 2010.
I was in the UK from 17th Jan 2010 to 31st Dec 2010 with following holidays:

From To
02-Jul-2010 06-Jul-2010 05 Days Paris Holiday
23-Oct-2010 20-Nov-2010 29 Days India Holiday

I applied for Tier 1 visa under General Category on 16th July 2010 (before 19th July 2010) & got a visa valid from 23-Aug-2010 (until 23-Aug-2012 for 2 years).

I traveled back to India for following reasons on 31st Dec 2010 (night):

1. Child Birth (Was due in 1st week of March 2011).
2. Transfer from Indian company to UK company (head office) as a permanent member of staff.

Transfer was initiated after the baby birth & the HR process took unexpectedly very long. I landed back in UK (London) finally on 17-Aug-2011 & started working here.

Got my extension done on 26th July 2012 for another 3 years valid until 23-Aug-2015 (2+3 years rule).

since then my leave have been very less as below:

29-Feb-2012 20-Mar-2012 21 Days India Holiday
20-Oct-2012 28-Oct-2012 8 Days India Holiday
17-Dec-2013 9-Jan-2014 22 Days India Holiday

I wish to apply for ILR on 14th March 2015 under the following breakup of years (with absentee days as indicated below):

1 15-Mar-2015 16-Mar-2014 -
2 15-Mar-2014 16-Mar-2013 30 Days
3 15-Mar-2013 16-Mar-2012 16 Days
4 15-Mar-2012 16-Mar-2011 166 Days
5 15-Mar-2011 16-Mar-2010 110 Days

My question is:

1. Am I eligible to apply for ILR considering the above absentee days ?

2. Do i need to provide the reason for my days of absense as I went back and started working with India (to be transferred at a later date). If yes what is required.

3. I will need SET (O) form for application if I am eligible for ILR right ?

I would greatly appreciate a response on the above questions as I am planning to go for a PEO application in March.

Thanks,
Vinny

[vinnydpu]

Please note that my absence during the following period i.e.

4 15-Mar-2012 16-Mar-2011 166 Days
5 15-Mar-2011 16-Mar-2010 110 Days

was when I had Tier 1 Gen Visa & not ICT T2 visa.

Do I still need to produce a letter to explain my absence ?

Thanks,
Vin

[vinnydpu]

Can one of the moderator's please respond to my query "Moderators: sushdmehta, John, ChetanOjha, batleykhan, push, JAJ, Casa, archigabe, vinny, Obie, EUsmileWEallsmile, ca.funke, Amber, sbrennan"

[shriakhilesh]

Hi,

I came to UK on 09-Oct-2009 under Tier 2 ICT visa. I switched from Tier 2 ICT to a new employer under Tier 2 General Visa in Mar 2014. I have not been out of UK for more than 180 days in total in last 5 years and not more than 90 days in a financial year.

My Query is:

I resigned from my Tier 2 ICT employer and my last day with this employer was 15-Feb 2014 in UK. I had got my visa changed to Tier 2 General for the new employer on 23-Jan-2014 (COS from 09-Jan-2014). I was out of UK from 15-Feb-2014 to 20-Mar-2014 (Gap between joining the new job) and my joining date with new employer was 25-March-2014.

How do I present my absence from UK for the gap between joining my new company (15-Feb-2014 - 25-Mar-2014) as I do not have pay slips for Feb and Mar 2014. I have P45 which shows 15-Feb-2014 as leaving date from the Tier 2 ICT employer. I have letter from my current employer which shows I started with them on 25-Mar-2014. How do I present my absence (15-Feb-2014 - 25-Mar-2014) and what reason should I provide ?

Apart from this I have always been out of UK on Annual leaves.

Please respond. Thanks

[shriakhilesh]

Still awaiting a response. Need help urgently.