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Tier 1 (General ILR) -- request your feeback

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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iubus2005
Member
Posts: 199
Joined: Thu Jan 05, 2012 5:29 pm
United Kingdom

Tier 1 (General ILR) -- request your feeback

Post by iubus2005 » Wed Apr 26, 2017 2:47 am

Hi All,
I am planning to apply for my ILR on Jun 15th under Tier 1 (General) 5 year route. I have read a lot of posts / forums. However, as you can understand, inputs from this community is always very helpful. Here is my history / plan:

- Original Tier 1 in April 2009. I entered UK within 30 days. However, I could not finalize the right job (had good prospects before I came but due to economy, the company decided to cancel the position). Left UK May 2009. The long absence broke continuous period.
- Came to UK back to UK on March 2012 (this is the date I will use for my application)
- First extension in April 2012, Second extension in April 2013, third extension in April 2015 (current leave valid till April 3018)

Based on June 15, 2017 application, the five year periods are:
June 16, 2016 to June 15, 2017 (Absences 90 days. For last 4-5 months, I have a new job with an International company that requires me to work Monday through Friday in Austria)
June 16, 2015 to June 16, 2016 (absences 50 days, all employment related plus some vacation – confirmed letter by employer)
June 16, 2014 to June 15, 2015 (absences 45 days, all employment related plus some vacation – confirmed letter by employer)
June 16, 2013 to June 15, 2014 (absences 90 days. No employment in UK yet. Personal time off as I had wife / kids living in USA and also my employer was US based and I could work from there. Planning to submit a personal letter stating the reasons)
June 16, 2012 to June 15, 2013 (absence 135 days. No employment in UK yet. Personal time off as I had wife / kids living in USA and also my employer was US based and I could work from there. Planning to submit a personal letter stating the reasons.)
Documents I am planning to attach:
a) US Tax returns / salary slips for period before May 2104
b) UK P60 and tax returns for the rest of the years
c) Salary slips, bank statements and employer letters for the last 12 months to show income to earnings points
d) List of all the absences over the last 5 years
e) Letters from employers and me for absences
f) LITUK certificate
g) I am a USA national (so, not required English qualifications)

While I feel the case is straight forward (less than 180 days absence in every year, only employment income with very reputed large (FTSE 100 type) multinational companies and no self-employment or business), there are a few questions:

a) Till May 2014, I did not have a job with a UK based employer. I was either unemployed or worked for international firms (paid overseas in USD, offshore accounts). So, I don’t have the P60s or HMRC Tax records for the first 2 years. (Didn’t even need to apply for a National Insurance number). I did not claim UK income or points related to UK experience for extensions during that period. Is that a problem?
b) In the first two years, there are also long personal absences. The only document will be by me stating that it was personal time with my family as I did not have any UK employment yet. Anyone else has been in a similar situation, and what kind of letter you’ve used?

Family joined me in Jan 2014 – so, they are no yet eligible for ILR. Sorry for the long post, and appreciate your comments / help.

Cheers.

tier1extend
Newbie
Posts: 46
Joined: Sun Sep 18, 2011 3:18 pm
India

Re: Tier 1 (General ILR) -- request your feeback

Post by tier1extend » Wed Apr 26, 2017 11:50 pm

Wrt question a) i think you should be fine. I was in a similarish situation where i got extension based on overseas earnings only. But that was in year 2011 and during the ilr period 2012-2017, i was employed properly in uk. I got my ilr this month itself in croydon peo.

Wrt question b) my absences were quite less, so it was never an issue for me. From what i know, if your absence is less than 180 days per year and you have supporting letters/justification then you will be fine.

iubus2005
Member
Posts: 199
Joined: Thu Jan 05, 2012 5:29 pm
United Kingdom

Re: Tier 1 (General ILR) -- request your feeback

Post by iubus2005 » Thu Apr 27, 2017 9:03 am

Thanks tier1extend. I hope that it goes smoothly, as so much depends on it. I too am planning to attend at Sheffield or Croydon. I just wanted to make sure that:
a) overseas / European employment is OK while living here and
b) for some of the absences during older employments, I will not have employer letter. I will write the personal letter to explain.

Can you please share the format of letter you used for absences from employer and personal?

Really appreciate the help.

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