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Absence...ILR application

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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Tesha_villareal
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Absence...ILR application

Post by Tesha_villareal » Sat Dec 19, 2015 9:59 am

I went home to philippines for a vacation last may 2012 and then june 2012 i lost my visa. I stayed in the philippines for about 3 months to sort out my visa.
I've got my visa march 2011 and this march 2016 I just want to know if I am eligible to apply for ILR? Or do i need another 3 months to cover up my absences here in UK?

thank you :)

geriatrix
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Re: Absence...ILR application

Post by geriatrix » Sat Dec 19, 2015 10:10 am

And should we assume you to be in UK as a refugee? And asnwer your questions accordingly??
Life isn't fair, but you can be!

Tesha_villareal
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Posts: 46
Joined: Thu Jul 16, 2015 11:04 pm

Re: Absence...ILR application

Post by Tesha_villareal » Sat Dec 19, 2015 1:37 pm

Hi sushdmehta

No im not refugee as i believe. When i was in the philippines I sort out my application for a lost visa and lasted almost 3 months and then i came back here in UK last aug 2012 and applied for a new one and now I'm currently on work permit.

Thank you. :)

secret.simon
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Re: Absence...ILR application

Post by secret.simon » Sat Dec 19, 2015 3:06 pm

:) I think sushdmehta was asking what is your immigration history? That is, which visas have you been on since you arrived in the UK and whether the visa that you got in August 2012 was a new entry clearance or an extension of a pre-existing Leave to Remain or merely a Transfer of Conditions (ToC)? I presume it is the latter, but I could be wrong.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

geriatrix
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Re: Absence...ILR application

Post by geriatrix » Sat Dec 19, 2015 7:18 pm

Tesha_villareal wrote:now I'm currently on work permit.
How is anyone supposed to tell you whether the absence from UK (as mentioned) affects your ILR eligibility without knowing your immigration cateogry? When you make a post you need to provide fundamental information about yourself for anyone to be able to assist in your queries.
e.g. - a PBS dependant is not subject to "absences from UK requirement".

And, Work Permit ceased to exist in 2008. You are a Tier 2 migrant.

Like secret.simon hinted, please provide your completer immigration history.
Life isn't fair, but you can be!

Tesha_villareal
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Posts: 46
Joined: Thu Jul 16, 2015 11:04 pm

Re: Absence...ILR application

Post by Tesha_villareal » Sat Dec 19, 2015 8:03 pm

Oh I see My apologies. I'm really sorry for that.
Regarding my visa,the first time i arrived here was a student from 9th september 2009 to 12 april 2011 but then my employer gave me work permit under tier 2 from 10 march 2011 to 2 january 2013.
By 25th may 2012 i went home to philippines and then last june 2012 i lost my visa( as i stated to my earlier post) then they gave me visa from 11th of april 2013 to 16 january 2016 in wich i've been already applied last 16 december 2015 and still awaiting for my BRP.
I hope i explained it clearly. Thank you and sorry again.

geriatrix
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Re: Absence...ILR application

Post by geriatrix » Sat Dec 19, 2015 8:53 pm

Please confirm:
1. Date of departure from UK in May 2012 is 25-May-2012. Correct?
2. Date of return to UK with replacement visa.
3. Date of issue and expiry of replacement visa.
4. Did your employer authorise extension of your leave because you had lost your visa while in Phillipines?
5. When you applied for "replacement" visa in 2012 in Phillipines, did you have to provide a new CoS? Were you asked to submit a police report (confirming loss / theft of visa)?
Life isn't fair, but you can be!

noajthan
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Re: Absence...ILR application

Post by noajthan » Sun Dec 20, 2015 12:45 pm

Tesha_villareal wrote:I went home to philippines for a vacation last may 2012 and then june 2012 i lost my visa. I stayed in the philippines for about 3 months to sort out my visa.
I've got my visa march 2011 and this march 2016 I just want to know if I am eligible to apply for ILR? Or do i need another 3 months to cover up my absences here in UK?

thank you :)
Mabuhay!
In essence you are asking about calculating your continuous period in UK for ILR purposes.

Start here: https://www.gov.uk/government/uploads/s ... .0_EXT.pdf
All that is gold does not glitter; Not all those who wander are lost. E&OE.

Tesha_villareal
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Posts: 46
Joined: Thu Jul 16, 2015 11:04 pm

Re: Absence...ILR application

Post by Tesha_villareal » Sun Dec 20, 2015 1:37 pm

sushdmehta wrote:Please confirm:
1. Date of departure from UK in May 2012 is 25-May-2012. Correct?
2. Date of return to UK with replacement visa.
3. Date of issue and expiry of replacement visa.
4. Did your employer authorise extension of your leave because you had lost your visa while in Phillipines?
5. When you applied for "replacement" visa in 2012 in Phillipines, did you have to provide a new CoS? Were you asked to submit a police report (confirming loss / theft of visa)?
1.Yeah that is right 25 of may 2012
2.Date of return to UK 27 aug 2012 and then I only had an authorisation letter coming from visa section in Philippines to travel back in UK and then I apply in UK for the replacement of my BRP.
3. Date of issue 11/04/13 expiry 16/01/16
4. Yes my employer authorise my extension of leave
5. I applied for the "replacement" visa 20 november 2012 when I get back in the UK. My employer issued me a new COS. Yes i provide a police report confirming my loss o visa
Additional info
The visa that i lost date issue 10/03/2011 expiry 02/01/2013. When I applied for the replacement of my BRP I applied for the renewal at the same time so I submitted two application.

Thank you :)

Tesha_villareal
Newbie
Posts: 46
Joined: Thu Jul 16, 2015 11:04 pm

Re: Absence...ILR application

Post by Tesha_villareal » Sun Dec 20, 2015 1:39 pm

noajthan wrote:
Tesha_villareal wrote:I went home to philippines for a vacation last may 2012 and then june 2012 i lost my visa. I stayed in the philippines for about 3 months to sort out my visa.
I've got my visa march 2011 and this march 2016 I just want to know if I am eligible to apply for ILR? Or do i need another 3 months to cover up my absences here in UK?

thank you :)
Mabuhay!
In essence you are asking about calculating your continuous period in UK for ILR purposes.

Start here: https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Thank you for the help :)

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: Absence...ILR application

Post by geriatrix » Sun Dec 20, 2015 4:07 pm

Tesha_villareal wrote:1.Yeah that is right 25 of may 2012
2.Date of return to UK 27 aug 2012 and then I only had an authorisation letter coming from visa section in Philippines to travel back in UK and then I apply in UK for the replacement of my BRP.
3. Date of issue 11/04/13 expiry 16/01/16
4. Yes my employer authorise my extension of leave
5. I applied for the "replacement" visa 20 november 2012 when I get back in the UK. My employer issued me a new COS. Yes i provide a police report confirming my loss o visa
Additional info
The visa that i lost date issue 10/03/2011 expiry 02/01/2013. When I applied for the replacement of my BRP I applied for the renewal at the same time so I submitted two application.

Thank you :)
That you could return without applying for replacement visa from outside the UK makes things much less complicated .. or not at all complicated perhaps!

If your employer can certify the absence between 25-May-12 and 27-Aug-12 as "paid leave" or "work related absence", this 90+ days absence should be no problem at all ... if your absences from UK in any 12 month period in the qualifying 5 year period do not exceed 180 days.
Life isn't fair, but you can be!

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