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ILR application - Duration in UK query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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

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karankun
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ILR application - Duration in UK query

Post by karankun » Wed Apr 06, 2016 2:31 pm

Hello

I have got a question and will highly appreciate the help on it.
Can the first day of the the first year of the 5 years duration be the day when I was outside UK. I am on Tier1 General since Mar 2011 but was out of the country for 7 months after I got my first Tier1 General Visa.

When I count my 5 year duration now the begining of my first year falls in the duration when I was away. Is it fine to apply like this or I would have to wait to make sure the first day I count should be when I returned back to UK.

Cheers

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Re: ILR application - Duration in UK query

Post by CR001 » Wed Apr 06, 2016 3:11 pm

On what date did you enter the UK on your Tier 1 General?
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karankun
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Re: ILR application - Duration in UK query

Post by karankun » Wed Apr 06, 2016 3:26 pm

I got first Tier1 General in March 2011 in UK and went out from UK in same month March 2011.. I returned back to UK in Sep 2011

karankun
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Re: ILR application - Duration in UK query

Post by karankun » Thu Apr 07, 2016 12:40 pm

Hello All/ CR001

I will appeciate if someone can please help me with my query here.

Thanks
Last edited by karankun on Thu Apr 07, 2016 12:45 pm, edited 1 time in total.

jayacpr
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Re: ILR application - Duration in UK query

Post by jayacpr » Thu Apr 07, 2016 12:44 pm

If you get Visa in UK , you can be outside 180 days per 1 yr , you are soo close mate , cant say without exact dates.

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Re: ILR application - Duration in UK query

Post by geriatrix » Thu Apr 07, 2016 12:47 pm

karankun wrote:Can the first day of the the first year of the 5 years duration be the day when I was outside UK.
karankun wrote:I got first Tier1 General in March 2011 in UK and went out from UK in same month March 2011.. I returned back to UK in Sep 2011
Yes.
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karankun
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Re: ILR application - Duration in UK query

Post by karankun » Thu Apr 07, 2016 2:16 pm

Hi jayacpr

Thanks for your reply, I was well over 180 days but to get back into the normal 180 days period I need to apply a bit late but then the first day of my first year in 2011 becomes the day when I was not in UK. It gets in between the 7 month period when I was away. So just wanted to know if that's alright if the first day falls during the period when I was away.

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Re: ILR application - Duration in UK query

Post by geriatrix » Thu Apr 07, 2016 2:17 pm

Where does it say that you must have been physically present in the UK exactly 5 years ago from the date of your "settlement" application? That you must not be "absent" on that day?
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karankun
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Re: ILR application - Duration in UK query

Post by karankun » Thu Apr 07, 2016 2:27 pm

Hi geriatrix

Thanks for your reply, but one question regarding the new form for ILR.

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.
DD-MM-YYYY

Which date should I fill it in here.
I got my first Tier1 General on Mar 1, 2011. Went out of UK to India on Mar 5, 2011. Returned back to UK on Sep 30, 2011 - Total time out was more than 180 days.

To fall in between the 180 days duration if I set my first day as Jun 1 for example that's the day when I was outside UK. Should I put 01/06/2011 as the answer for 6.1 or something else. Please advise.

jayacpr
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Re: ILR application - Duration in UK query

Post by jayacpr » Thu Apr 07, 2016 2:32 pm

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.
DD-MM-YYYY
karankun wrote:Hi geriatrix

Thanks for your reply, but one question regarding the new form for ILR.

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.
DD-MM-YYYY
e.
The date has to the first date you came to UK , as you said you applied for tier 1 in UK , you first entry will be before march 2011.

karankun
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Re: ILR application - Duration in UK query

Post by karankun » Thu Apr 07, 2016 2:59 pm

Thanks jayacpr and geriatrix

I came to UK for the first time on 05 Nov 2009. I went out to India to 15 Dec 2010 and returned back to UK on 02 Feb 2011 and I applied my Tier 1 General after coming back this time.

So Q. 6.1 should it be what date - the first entry to UK i.e. 05-11-2009
or 02-02-2011 date I entered UK before applying Tier 1

Cheers

jayacpr
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Re: ILR application - Duration in UK query

Post by jayacpr » Thu Apr 07, 2016 3:46 pm

it shd be 05-11-2009 , thats your first entry to UK .

karankun
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Re: ILR application - Duration in UK query

Post by karankun » Thu Apr 07, 2016 5:08 pm

But when I first came in 2009 I was not on Tier 1

And Also whatever date you put in 6.1 , Another question 6.2 asks for details of holidays/time outside UK from that date.. which is way far beyond the 5 year duration that I am showing

See screenshot from the form here - http://screencast.com/t/Zu9O4u1Ke

karankun
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Re: ILR application - Duration in UK query

Post by karankun » Mon Apr 11, 2016 5:33 pm

HI

But when I first came in 2009 I was not on Tier 1. I was on Student Visa. So should I list all my holidays since the time I first came to UK? or from 02/02/2011 when I cambe back to UK and applied and got my first Tier1 General.


And Also whatever date you put in 6.1 , Another question 6.2 asks for details of holidays/time outside UK from that date.. which is way far beyond the 5 year duration that I am showing

See screenshot from the form here - http://screencast.com/t/Zu9O4u1Ke

karankun
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Re: ILR application - Duration in UK query

Post by karankun » Mon Apr 18, 2016 3:23 pm

Hi Moderators and senior members

I am still facing a lot of confusion re: the Set O form question. I will highly appreciate if you can please help me with the query regarding the Q6.1, Q6.2, Q7.13

I first came in 2009 I was not on Tier 1. I was on Student Visa. Then I shifted to Tier1 PSW and on PSW I went out of UK and returned back to UK on 02/02/2011 and that's when I applied my first Tier1 General.

After I got my first Tier1 General on Mar 1, 2011. Went out of UK to India on Mar 5, 2011. Returned back to UK on Sep 30, 2011 - Total time out was more than 180 days.
To fall in between the 180 days duration if I set my first day as Jun 1 for example that's the day when I was outside UK.

Can you please help me with the queries below:

Q.6.1 - When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.
- What date should I fill in this - My entery clearance date i.e. Oct 2009 or Feb 2011 when I came back to UK on PSW and applied/received my first Tier1 General in 1 Mar 2011?

Q6.2 - Since then have you had any absences from the UK? If yes, give the dates you left and returned to the UK and the reason for the absence in the spaces below. List all absences however short and in date order. If you need more space, continue on a separate sheet and enclose it with your application.

Even if I select any date in 6.1 - My absence which is more than 180 days falls in this duration as this date would be before than the date my 5 year continous stay would start which I am marking as Jun 1, 2011 to be the first date of 1st year to fall under the 180 days absenece duration.
Is it alright to have that break in between? Won't it cause any confusion?

Q. 7.13 How long have you lived in the UK?
...years .... months
Please provide details of any periods of absence of more than six months during that time.

Should this duration be counted from my entery clearance i.e. Oct 2009 or Feb 2011 when I came back to UK and applied my Tier1 General?
And same confusion re: the days absence from Mar 5 2011 till Sep 30 2011 would have to be listed here. Won't it cause any confusion? as my five year of consideration are from Jun 2011 - Jun 2016.

Thanks a lot in advance.

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Re: ILR application - Duration in UK query

Post by geriatrix » Mon Apr 18, 2016 7:21 pm

If you stop trying to read between the lines, you fill find that 6.1 is asked in very "simple English" and the answer is equally simple to ascertain.
6.1 On what basis is your application based? Having spent 5 years in which immigration category? What is your date of entry (if EC) or date of issue (if FLR) in that immigration category?


For all the rest, please make an effort to read the FAQs. It is clear from your queries that you haven't bothered to read either the guidance or the FAQs. Perhaps that is also a reason for lack of responses!!
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karankun
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Re: ILR application - Duration in UK query

Post by karankun » Fri May 06, 2016 11:43 am

Hi Gurus

This forum has been very helpful and I thank all. I have got couple of queries re: absence proofs and would be great if someone can help me out. I am appying ILR from Tier1 G

1. During my 5 year qualifying period I was working outside UK for couple of months so was out of the country for that, Do I need to supply any evidence/proof for that? While I was working outside UK I came back to UK for a few times for interviews so that I can get a job back in UK. so in total one 2 months break outside UK and 3 one week breaks each as I was travelling back to UK for interviews. What reasons/proofs would I need for such scenario. Please note during all these breaks I was employed outside UK in a small company that got closed now.

2. Later I joined job in UK and went out of UK on annual leave but got sick over there and overstayed for one more week. The absence letter from the company, should I tell them to include all the holidays : annual leave+sick leave so that the duration outside UK gets covered. Or do I need some additional docs to support that

Thanks in advance

Cheers

karankun
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Re: ILR application - Duration in UK query

Post by karankun » Fri May 06, 2016 5:21 pm

Hi Gurus/ Moderators

I will appreciate if you can please help me over the query above.

Cheers

geriatrix
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Re: ILR application - Duration in UK query

Post by geriatrix » Fri May 06, 2016 8:15 pm

geriatrix wrote:please make an effort to read the FAQs. It is clear from your queries that you haven't bothered to read either the guidance or the FAQs. Perhaps that is also a reason for lack of responses!!
FAQs for ILR - Tier 1G/Tier 2/WP/HSMP - Read before posting
Life isn't fair, but you can be!

karankun
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Re: ILR application - Duration in UK query

Post by karankun » Mon May 09, 2016 5:19 pm

Hi Geriatrix

I have gone through the FAQs but couldn't find the replies for my these 2 queries. The explanation in FAQs might have been worded according to general circumstances but I will apprecite if youo/or someone else can help me with my customised scenario mentioned below. Thanks a lot in advance.
I am appying ILR from Tier1 G

1. During my 5 year qualifying period I was working outside UK for couple of months so was out of the country for that, Do I need to supply any evidence/proof for that? While I was working outside UK I came back to UK for a few times for interviews so that I can get a job back in UK. so in total one 2 months break outside UK and 3 one week breaks each as I was travelling back to UK for interviews. What reasons/proofs would I need for such scenario. Please note during all these breaks I was employed outside UK in a small company that got closed now.

2. Later I joined job in UK and went out of UK on annual leave but got sick over there and overstayed for one more week. The absence letter from the company, should I tell them to include all the holidays : annual leave+sick leave so that the duration outside UK gets covered. Or do I need some additional docs to support that

karankun
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Re: ILR application - Duration in UK query

Post by karankun » Tue May 17, 2016 2:16 pm

Hi All

I will appreciate if you can please help me on my situation below:
1. During my 5 year qualifying period I was working outside UK for couple of months so was out of the country for that, Do I need to supply any evidence/proof for that? While I was working outside UK I came back to UK for a few times for interviews so that I can get a job back in UK. so in total one 2 months break outside UK and 3 one week breaks each as I was travelling back to UK for interviews. What reasons/proofs would I need for such scenario. Please note during all these breaks I was employed outside UK in a small company that got closed now.

2. Later I joined job in UK and went out of UK on annual leave but got sick over there and overstayed for one more week. The absence letter from the company, should I tell them to include all the holidays : annual leave+sick leave so that the duration outside UK gets covered. Or do I need some additional docs to support that

karankun
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Re: ILR application - Duration in UK query

Post by karankun » Mon May 23, 2016 10:23 am

Hello Gurus, Moderators

Apologies I have no intentions to keep bugging neither I am trying to increase my posts. I am just desparate as my appointment date is drawing closer and will higly appreciate if some one can please guide me over my issue
1. During my 5 year qualifying period I was working outside UK for couple of months so was out of the country for that, Do I need to supply any evidence/proof for that? While I was working outside UK I came back to UK for a few times for interviews so that I can get a job back in UK. so in total one 2 months break outside UK and 3 one week breaks each as I was travelling back to UK for interviews. What reasons/proofs would I need for such scenario. Please note during all these breaks I was employed outside UK in a small company that got closed now.

2. Later I joined job in UK and went out of UK on annual leave but got sick over there and overstayed for one more week. The absence letter from the company, should I tell them to include all the holidays : annual leave+sick leave so that the duration outside UK gets covered. Or do I need some additional docs to support that

karankun
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Posts: 35
Joined: Mon Jun 08, 2015 12:47 pm

Re: ILR application - Duration in UK query

Post by karankun » Tue May 31, 2016 2:28 pm

Hi All

I am very confused and will appreciate your help ...

1. During my 5 year qualifying period I was working outside UK for couple of months so was out of the country for that duration While I was working outside UK I came back to UK for a few times for interviews so that I can get a job back in UK. so in total one 2 months break outside UK and 3 one week breaks each as I was travelling back to UK for interviews. What reasons/proofs would I need for such scenario. Please note during all these breaks I was employed outside UK in a small company that got closed now.

2. Later I joined job in UK and went out of UK on annual leave but got sick over there and overstayed for one more week. The absence letter from the company, should I tell them to include all the holidays : annual leave+sick leave so that the duration outside UK gets covered. Or do I need some additional docs to support that

karankun
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Joined: Mon Jun 08, 2015 12:47 pm

Re: ILR application - Duration in UK query

Post by karankun » Mon Jun 13, 2016 3:17 pm

Hi All

I am facing an issue and would highly appreciate if you can help me out.. Following are my absences in last 5 years:

Months Days Absence

Jun 16 - Jun 15 - 35
Jun15 - Jun14 - 22
Jun14-Jun13 - 23
Jun13-Jun12 - 54
Jun12-Jun11 - 146

I got my first Tier1 G in Mar 2011 and went out after couple of days of getting my Tier 1 Gerneral and then I returned back in Sep 2011 making a total absence of 178 days. I was working outside UK during this time and there was no economic activity in UK.
I am confused about this now as acc to absence guideline
Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year.
So the main query is my eligibility to apply in Jun16. Does the time when I was workin outside UK with no economic activity in UK count towards 180 days absence period?

If yes, What reason should I show for this first break as there was job outside UK (Is Employment fine?) and I was getting paid outside UK only only no economic activity whatsoever in UK.

And what evidence is required for this leave..

I would be highly grateful if you can please help me out on this...

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