Do not have continuous Employment for 5 years

[argus7]

So it looks like if you were unemployed in the first year and away from the UK less than 180 days and arrived to the UK within 90 days is acceptable as long as the LTR expires exactly after 5 years.

Argus, I think that's right. What situation are you in?

This is my case.

I have a similar case of being unemployed for 5 months in the first half of the qualifying year, but I came to the UK within the first 90 days and returned back to home country after 15 days and came back after 59 days and remained in the country and got a job offer from Dec 2010. So my tax period for first year is only for 3 months till 5th April 2011.

Visa period started 15th July 2010 came to UK 13th August left back on 30th Aug and came to UK in Oct 28th 2010 and here since then, current LTR ends 15 July 2015. Sounds a very simple case v v less absences of less than 180 days in the whole 5 yr period so far.

[shace318]

@argus and mhkhan
ill be more specific, I had 88 days absence out of UK (1st absence) all unpaid, but I did try to establish a company in Qatar
I gave evidence for this (emails , tickets & Qatar visa etc)

out of above 88 days I was in Sri Lanka for 3 weeks (sisters wedding), and came to UK in October 2009
after coming to UK didn't get a job and went to India for 4 weeks unpaid (2nd absence) came back to UK in Dec 2009.

started working from FEB 2010. I applied on 10/4/14 means I was economically active only 2 months in the 1st year of my claiming residence period.

I did give explanation for all absence. even for unpaid holidays in India & Sri Lanka. my personal opinion
as long as you are below 180 days absence from UK each year this will not be an issue, however you need to give some valid explanation for your absence. but if you search this forum there are members who have not
given self explanatory letter for personal absence and still got ILR so I believe it will not be a problem.

shace

[mhkhan]

Thank you both. You have made it clear that absence of 180 days or more is the critical thing which needs to be explained while applying. The lack of economic activity is not going to be an issue.

Best wishes.

[argus7]

So all you need is absence letter (self) or employer. If unemployed and in Tier 1 (G), better to explain in letter your situation and that you cannot furnish a letter as you are not working.

Also it seems if absences are less than 180 in all 5 yrs no CW has asked for letters. So the old case also holds true.

So I think we are ok.

[mhkhan]

Hi,

Referring to what we discussed a while back, I got my ILR today despite having 5 months unemployment. Guess you had something similar and there is nothing to worry about. I stayed in the UK even when was unemployed and my total visits outside the UK were of only 44 days.

Let me know if you have any queries.

Best wishes.

[aubajwa]

Hi,

Referring to what we discussed a while back, I got my ILR today despite having 5 months unemployment. Guess you had something similar and there is nothing to worry about. I stayed in the UK even when was unemployed and my total visits outside the UK were of only 44 days.

Let me know if you have any queries.

Best wishes.

Hello Mhkhan,

Please confirm if you spent any absences out of UK (unpaid) and without being economic active?

My situation is similar to argus7.

Thanks

[aubajwa]

So all you need is absence letter (self) or employer. If unemployed and in Tier 1 (G), better to explain in letter your situation and that you cannot furnish a letter as you are not working.

Also it seems if absences are less than 180 in all 5 yrs no CW has asked for letters. So the old case also holds true.

So I think we are ok.

Hello Argus7,

Please confirm what you decided.

Did you applied for third extension?

'or'

Will you apply for ILR after 15 July 2015.

My situation is similar to yours ; as I was out of UK for 60 days (unpaid); and not being economic active within UK.

Thanks

[argus7]

I didn't even apply for second extension. I took a chance as my leaves are just 59 in the first year being unemployed.

my visa expires on 15th July 2015, so I am not sure when ill apply may be first week on July.

[mhkhan]

Hello all,
Had forgotten about this post which I started last year. I did get my ILR and at the time of my application, I was working part-time at various universities which normally had no work during Christmas break. I was without work when I initially came to the UK on Tier 1 and found work after 4 months which was a part-time teaching job. I have been away to home county for less than 100 days in 5 years on paid and also on unpaid holidays. Since I got my ILR that means it's OK to have been unemployed in the past.
Hope this helps.

[aubajwa]

Hello all,
Had forgotten about this post which I started last year. I did get my ILR and at the time of my application, I was working part-time at various universities which normally had no work during Christmas break. I was without work when I initially came to the UK on Tier 1 and found work after 4 months which was a part-time teaching job. I have been away to home county for less than 100 days in 5 years on paid and also on unpaid holidays. Since I got my ILR that means it's OK to have been unemployed in the past.
Hope this helps.

Hi MhKhan,

Thanks for replying back...

Did you provided any compelling / compassionate reasons for unpaid absences.

The whole issue is; Do the HO looks for any reasons for unpaid absences; and if do, what kind of reasons will fulfill there requirements (other than medical ones)....

I was out of UK for 60 days (unpaid) but did searched job in my home country and came back to UK when I got an interview call.

Not sure if this is OK for home-office?

Thanks

[mhkhan]

Hi,

My unpaid leave was of never more than 2 weeks in one visit and in total they were less than what we all are allowed (which I remember is less than 60 days a year but I might be wrong). My memory might fail me or there might have been changes since last year but I can safely say that the reason for absences only becomes critical when the total number of holidays has been more than the quota allowed.

Am sorry but I can't be of much use now.

Best wishes.