ILR Absences Period

[middletier 1]

HI,

I have got my Tier 1 G visa valid from Nov'09 and I came to UK on Jan'10 and below are my absences;

Date From --- Date To ---- Days Outside The UK
26-Mar-10 ----- 27-Jun-10 ---- 92
09-Jul-10 ----- 07-Nov-10 ----- 120
14-Nov-10 ----- 13-Aug-11 ----- 271

I have continuity from 13-Aug 2011 till now and total absence are just 79 days only. So I can go to ILR in Aug'16, however as my job contract going to end in Dec'15 and looks tough for extension of job contract. Therefore I have approached few solicitors to know if I can apply earlier by any chance.

I have the following advice that is I split the periods as below I can apply in Feb'16 itself, i.e. instead of calculating from Aug'11 they calculated from Feb'11 as below;

Feb'11 Feb'12 - 1 year (employed from Aug'11 and got P60 for 2011-12)
Feb'12 Feb'13 - 2 year (employed)
Feb'13 Feb'14 - 3 year (employed)
Feb'14 Feb'15 - 4 year (employed)
Feb'15 Feb'16 - 5 year (employed)

Can I apply in Feb'16 if I follow the above spilt period, my question is in Feb'16 i'm not in UK, but the solicitor said can apply as I already entered in Jan'10 and have some continuity going/coming into UK. I am not 100% convinced but would like to know from this forum.

As I am using this forum advices since 2009 when I started applying Tier 1 G visa, and really appreciate the efforts and could you please answer and advise me.

Thanks in advance

[middletier 1]

Can I have the reply/suggestions from senior members please

[middletier 1]

Please, can anyone reply to my query please

[cs95tdg]

I have the following advice that is I split the periods as below I can apply in Feb'16 itself, i.e. instead of calculating from Aug'11 they calculated from Feb'11 as below;

Feb'11 Feb'12 - 1 year (employed from Aug'11 and got P60 for 2011-12)
Feb'12 Feb'13 - 2 year (employed)
Feb'13 Feb'14 - 3 year (employed)
Feb'14 Feb'15 - 4 year (employed)
Feb'15 Feb'16 - 5 year (employed)

Can I apply in Feb'16 if I follow the above spilt period, my question is in Feb'16 i'm not in UK, but the solicitor said can apply as I already entered in Jan'10 and have some continuity going/coming into UK.

It may help if you outline your absences for the periods mentioned above. What do you mean by the statement underlined above? How do you intend to apply in Feb 2016, if you are not in the UK? Additionally, when does your current LTR expire?

[middletier 1]

Many thanks for your reply.

Please find my absences as below:
Feb'11 Feb'12 - 1 year (179 days out of UK)
Feb'12 Feb'13 - 2 year (24 days out of UK)
Feb'13 Feb'14 - 3 year (20 days out of UK)
Feb'14 Feb'15 - 4 year (29 days out of UK)
Feb'15 Feb'16 - 5 year (6 days out of UK)

my current Tier 1 G visa valid till end of 2016.

Yes absolutely that my question how can I apply in Feb'16 if I am not in the UK, when I asked solicitor they said since I enter in Jan 2010 and split the period from Feb'11 so can go for ILR in Feb'16. Please advise me

Thanks a lot for your time and reply

[cs95tdg]

If you haven't already read the information under the FAQ sticky thread, I'd recommend it. Additionally please also read the SET(O) form & guidance, immigration rules to make sure you understand all requirements.

http://www.immigrationboards.com/indefi ... 79378.html

Immigration rules - 245AAA, 245CD https://www.gov.uk/government/uploads/s ... _final.pdf

ILR applications can either be made in-person at a PEO or by post. For the latter you need to post your application including supporting documents - this will include your passport & BRP. So in either case, I don't see how you can be out of the country at the time you submit your application. So when you say you will not be in the country, do you mean you intend to apply in-person and then leave? I cannot really comment on what your solicitor has said, you will need to speak to him and get clarity.

As your absences are within the allowed annual threshold, I don't see the number of days beings an issue, based on what you've mentioned (the first year is just within the 180 threshold). Do read the immigration rules to understand the type of evidence/letters needed for different types of absences over the 5 years.

However, you will need to make sure you satisfy all requirements for ILR as a Tier1 General migrant, so I suggest you read the form & immigration rules to ensure you understand what they are. Scoring the required number of points, meeting the KoL requirement, Economic activity over your 5 year residence period etc...

[middletier 1]

Thanks indeed for your reply

I am sorry that I mean to say I was out of UK in Feb'11 not Feb'16

26-Mar-10 ----- 27-Jun-10 ---- 92
09-Jul-10 ----- 07-Nov-10 ----- 120
14-Nov-10 ----- 13-Aug-11 ----- 271

Please find my absences as below:
Feb'11 Feb'12 - 1 year (179 days out of UK) solicitor split the period from Feb'11 instead from Aug'11
Feb'12 Feb'13 - 2 year (24 days out of UK)
Feb'13 Feb'14 - 3 year (20 days out of UK)
Feb'14 Feb'15 - 4 year (29 days out of UK)
Feb'15 Feb'16 - 5 year (6 days out of UK)

so my question is I was out of UK in Feb'11 (i.e. as you can see from above I was out of uk from Nov'10 till Aug'11) so can I count from Feb'11 so that I can apply in Feb'16 by person at PEO.
Sorry for any inconvenience

Thanks

[cs95tdg]

Yes, so long as the reason for your long absence does not break any of the requirements for ILR (e.g. Being employed outside the UK) then based on the information supplied your absences look fine to apply in Feb 2016.

[middletier 1]

Thanks for the reply

I am out of UK during this period from 14-Nov-10 to 13-Aug-11 total 271 days out of UK i.e. not in the UK in Feb'11, but when you split as mentioned earlier I can go in Feb'16 but i'm out of UK in Feb'11 so i don't need to be in the UK in Feb'11, that's what I am bit worried about.

Thanks

[cs95tdg]

I haven't seen anything in the rules that indicate you would be ineligible for ILR purely based on the fact that you were out if the country on the date your 5 year residential qualifying period began. But you may want to wait for others to comment, as I've not read all the rules extensively.

Personally what I would be more concerned about, is what the reason for that long absence was, as you'll need evidence/a letter to support it.

[middletier 1]

Thanks again for your reply

Seniors can you please through some comments/suggestions please

Thanks

[middletier 1]

Guys,

Can you advise on the below underlined please

I haven't seen anything in the rules that indicate you would be ineligible for ILR purely based on the fact that you were out if the country on the date your 5 year residential qualifying period began. But you may want to wait for others to comment,

[middletier 1]

Hi,

I would like to know my ILR eligibility based on the following absences from start date i.e. on my 1 year start date I was out of the UK, for clarity please see my absences below:

Feb'11 to Feb'12 - 1 year (179 days out of UK)
here is the tricky bit actually I was out of UK in Feb'11 (i.e. out of UK from 14-Nov-10 ----- 13-Aug-11), but I split the period from Feb'11 as 180 days out of UK is allowed, thus counting from Feb'11 to Feb'12

Feb'12 to Feb'13 - 2 year (24 days out of UK)
Feb'13 to Feb'14 - 3 year (20 days out of UK)
Feb'14 to Feb'15 - 4 year (29 days out of UK)
Feb'15 to Feb'16 - 5 year (6 days out of UK)

so can apply in Feb'11 even though I wasn't in the UK, please I really appreciate any suggestions/comments

Thanks

[Go12]

Hi,
Were u employed during the time out of UK,were u on a holiday or something?

[cs95tdg]

Is this a duplicate post? If so it would best to continue under the existing topic below.
http://www.immigrationboards.com/indefi ... 85950.html

[middletier 1]

Hi Thanks for the reply

I am employed from Aug'11 and got P60 for 2011-12, but wasn't employed from Feb'11 to July'11. the reason for my absence was as I didn't get job so went to home country on 14-Nov-10 and back to UK on 13 Aug'11.

[middletier 1]

Hi Go12/cs95tdg, Thanks for the reply

I am employed from Aug'11 and got P60 for 2011-12, but wasn't employed from Feb'11 to July'11. the reason for my absence was as I didn't get job so went to home country on 14-Nov-10 and back to UK on 13 Aug'11.

[middletier 1]

Guys,

Please can anyone reply to my queries please.
Thanks

[middletier 1]

HI,

May I ask the forum members please advise me on my query please

[middletier 1]

Hi cs95tdg,

Many thanks for your earlier suggestions.

As I wasn't employed from Feb'11 to July'11 and the reason for my absence was as I didn't get job so went to home country on 14-Nov-10 and back to UK on 13 Aug'11. Now I am thinking that instead of count my ILR start period from Feb'11, I would like to start from Apr'11 so that my absences period will reduce from 179 days to less than 120 days for period Apr'11- Apr'12. The reason for this absence is that I would like to say that I am actively looking for jobs in UK and also planning to set up my own ltd company (started my own company in Aug'11). Please advise if this reason makes sense for the 120days absences period.

Seniors please advise and I really appreciate your time and efforts

Thanks

[cs95tdg]

I'm afraid I can't really help with what you have asked. If you have evidence to support the reason it may help. I presume the reason you intend to give is because you were in-between jobs, you returned to your Home Country?
Unless there was some other a reason why you had to setup your ltd company and begin a job search while absent from the UK? If so this would only be an explanation of what you were doing while absent, rather than a justification for the absence.

[middletier 1]

Many thanks for your reply

Please allow me to give my absences here from ILR start period

Apr'11 to Apr'12 - 1 year (119 days out of UK)
Apr'12 to Apr'13 - 2 year (24 days out of UK)
Apr'13 to Apr'14 - 3 year (20 days out of UK)
Apr'14 to Apr'15 - 4 year (29 days out of UK)
Apr'15 to Apr'16 - 5 year (6 days out of UK)

Actually I was out of UK from 14-Nov-10 to 13 Aug'11. Now I want to split the period starts from Apr'11 instead of Feb'11 so that my days out of UK will be 119 days only, so during this absences I was actively looked for contracting jobs and got evidences of emails for telephonic interviews and got an offer in July'11, thus started all the paperwork and came back to UK on 13 Aug'11 and joined the contract and also opened the company as well. So I am thinking as the absences period is 119 days only for 1 year so can I apply for ILR in Apr'11 with the above reasons.

I really appreciate your efforts.

[cs95tdg]

As your absences are within the 180 day threshold, I personally don't see the numbers you have listed causing a issue. Include a self certified letter for the period where you were unemployed and absent explaining your circumstances at the time. The fact that you have evidence to support what you were doing, should help if it is requested.

[middletier 1]

HI cs95tdg,

Thanks and I really appreciate your suggestions.

The only thing I'm worried is that I am out of the country on the date of my 5 year residential qualifying period began i.e Apr'11. I have gone through the rules and nowhere it indicates that the applicant would be ineligible for ILR due to this. So based on this I can apply for ILR in Apr'16 right?. Please forum members did anybody applied or facing this kind of situation, please help me on this as I didn't find any further information about this in the ILR guidelines.
Thanks in advance

[middletier 1]

HI cs95tdg,

I have calculated my ILR continuity dates as below;
year 1= 20/04/2016---- 21/04/2015 -- 6 days out of UK
year 2= 20/04/2015---- 21/04/2014 -- 29 days out of UK
year 3= 20/04/2014---- 21/04/2013 -- 20 days out of UK
year 4= 20/04/2013---- 21/04/2012 -- 24 days out of UK
year 5= 20/04/2012---- 21/04/2011 -- 118 days out of UK (self letter with the reason as I explained in my previous post)
As I can apply 28 days before 20/4/16 so I am planning to apply in 25/3/16 for ILR. Therefore could you please let me know if I am ok with above dates or am I missing something here.
Really appreciate your efforts
Thanks