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ILR possibility enquiry

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR possibility enquiry

Post by manci » Sat Jan 03, 2015 9:14 am

@vedcyru
what was the reason for your absence in the period 20/09/2010 - 26/02/2011?

vedcyru
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Posts: 23
Joined: Fri Jan 10, 2014 11:53 pm

Re: ILR possibility enquiry

Post by vedcyru » Thu Jan 08, 2015 9:22 pm

Dear Manci,

It was just the requirement of project for me to work from India for those 160 days. (I believe the days of departure and arrival are not counted as absence period as mentioned on UKBA). I was working with same employer for same client and on same project. Later I returned to UK in Feb 26 2011 and since then I am continuously in UK and working with same employer.

I would summarize my case to make it simplify.

1) My Visa was stamped and was valid from 22/02/2010

2) I entered in UK on 15/05/2010. (Within 81 days from the date my visa was valid from. Page 22 on Below URL says that If one enters UK within 90 days then the delay between the visa valid from date and travelling date will not be counted as absence period https://www.gov.uk/government/uploads/s ... eriods.pdf)

3) I went to India on 18/09/2010 and traveled back to UK on 26/02/2011.(Within 160 days. As mentioned above reason for this absence was requirement of project and I was working with same employer for same client and on same project. I can get this on letter from my Employer as well).

4) Last time I went to India on Annual leave on 26/01/2013 and return to UK on 17/02/2013.(21 days Annual Leave).

I can get this everything on letter from Employer.

Though the total of the absence period is 181 days but there is a gap of two years between two absence period so I am hoping/praying to GOD that will be ok.

I have got to know that one can apply for ILR 28 days before the completion of 5 years to visa stamping.

If that is true and as the delay period between visa valid from and actual entry will not be considered as absence period then please can you advise if I can apply 28 days before 22/02/2015( my visa was valid from 22/02/2010 and I entered UK within 81 days from visa valid from date).

Please can I request you to highlight if you see any other issues in my ILR case.

Appreciate your help on this.

Thanks and Kind Regards

kay0022
Newly Registered
Posts: 5
Joined: Tue Nov 25, 2014 8:24 pm

Re: ILR possibility enquiry

Post by kay0022 » Fri Jan 09, 2015 5:01 pm

hi all
i got my tier1 visa in april 2011 and in november 2012 when i was coming back from holidays at heathrow airport they seized my passport and visa for some investigation meanwhile i applied for my extension which was due in april 2013 and i got my visa in august 2014. would that time period of 16 months count in my ilr cos my visa is till august 2017 and if it does count then i m eligible for ilr in april 2016?
many thanks

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR possibility enquiry

Post by manci » Sat Jan 24, 2015 9:32 am

vedcyru wrote:If that is true and as the delay period between visa valid from and actual entry will not be considered as absence period then please can you advise if I can apply 28 days before 22/02/2015
yes, I think you can provided you meet all other requirements for ILR

kay0022
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Posts: 5
Joined: Tue Nov 25, 2014 8:24 pm

Re: ILR possibility enquiry

Post by kay0022 » Mon Feb 23, 2015 5:27 pm

hi Mancy
i got my tier1 visa in april 2011 and in november 2012 when i was coming back from holidays at heathrow airport they seized my passport and visa for some investigation meanwhile i applied for my extension which was due in april 2013 and i got my visa in august 2014. would that time period of 16 months count in my ilr cos my visa is till august 2017 and if it does count then i m eligible for ilr in april 2016?
many thanks

sh2rm201
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Posts: 29
Joined: Fri Jan 10, 2014 12:32 am

Re: ILR possibility enquiry

Post by sh2rm201 » Tue Jan 19, 2016 2:50 pm

Hi Manci/ Amber,

I was under the impression that 5 year limit was not applicable in my case as my first grant of visa was in the 'Established Staff' category. My visa have been extended twice until now (once in Mar-2013 and second time in Mar-2014) from within UK itself. The category of my visa is now T2 ICT Long Term. My employer is now showing reluctance in giving me another extension and quoting the 5 year limit rule. Will it be possible for me to give some evidences or anything that could help my employer to re-think on my visa extension possibility? Please advice and help as it is a big cause of concern for me and my family (especially my son who is now studying in 9th grade) if we have to move out of UK and go back. Any suggestions please?

sh2rm201
Newly Registered
Posts: 29
Joined: Fri Jan 10, 2014 12:32 am

Re: ILR possibility enquiry

Post by sh2rm201 » Wed Jan 20, 2016 10:46 am

sh2rm201 wrote:Hi Manci/ Amber,

I was under the impression that 5 year limit was not applicable in my case as my first grant of visa was in the 'Established Staff' category....Any suggestions please?
Hi Manci/ Amber, please if you could review and provide feedback so that I could go back to my employer? Thank you.

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: ILR possibility enquiry

Post by manci » Thu Jan 21, 2016 12:28 pm

there is no 5 year limit in your case:

see 245GE (b)(v)
https://www.gov.uk/guidance/immigration ... sed-system

also bottom of p50 (in bold) in the policy guidance:
https://www.gov.uk/government/uploads/s ... 1_2015.pdf

sshiva
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Posts: 5
Joined: Tue Mar 25, 2014 8:23 am

Re: ILR possibility enquiry

Post by sshiva » Fri Jan 22, 2016 11:25 am

HI Manci,
I have a small query, if you can reply will be a great help
I first came to UK in 25/1/2008 and left 29/12/2009 with Work Permit
I came back in UK in June/2010 with T2 ICT Established Staff till date
since I had a GAP for 165 Days , but they are in 2 financial year (3 months in one financial year 2009-2010 and rest in other financial year 2010-2011)
can I Apply for ILR based on this, am I illegible for it with 2 different VISA ( 1st one is workpermit and 2nd one is ICT )
Regards
Shiva

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