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ILR LR - 182 day gap in residence

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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daburc
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ILR LR - 182 day gap in residence

Post by daburc » Mon Sep 18, 2017 4:59 pm

Hello everyone,

I came to Uk in Tier 4 visa in Sept 2007, applied for Tier1 Post study visa in 2008 and got rejected and applied for reconsideration before my leave expires. My reconsideration application got refused stating I should reapply, as maintenance requirements changed I went back to India in March 2009 to applied Tier 1 PSW in May 2009. I got Tier 1 PSW visa in August 2009. The gap was 182 days. Since then I was in Tier 4 visa (5 years) and Tier 2 (1 year).

My current Tier 2 Visa expires next month, I couldn't able to get Tier2 sponsored job before my current leave expire. I am not sure whether to apply for ILR (10 year long residence) or FLR (LR). Could you please advice me on this.

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CR001
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Re: ILR LR - 182 day gap in residence

Post by CR001 » Mon Sep 18, 2017 5:05 pm

A gap of 180 days or more breaks your continuity of residence.
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Re: ILR LR - 182 day gap in residence

Post by daburc » Tue Sep 19, 2017 11:01 am

Thanks a lot for the reply :)

Is it possible to apply for FLR (LR) route to get 2 years visa so I can able to apply 10 year LR in Sept 2019. The guidance on FLR (LR) is not clear.

Kind regards
Dab

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Re: ILR LR - 182 day gap in residence

Post by CR001 » Tue Sep 19, 2017 11:13 am

FLR(LR) is not to 'buy time'. It is if you are unable to complete LIUK or SELT etc and have already completed the 10 years residence period.

Any family with you in the UK, etc etc??
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Re: ILR LR - 182 day gap in residence

Post by daburc » Tue Sep 19, 2017 12:16 pm

Thanks.

No I don't have family here.

If apply for ILR (LR) before my current visa expires, will I be allowed to work with no restrictions until decision on my application is made? I couldn't able to find Tier 2 sponsoring Job by mid Oct 2014 (unsuccessful with interviews).

regards
Dab

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Re: ILR LR - 182 day gap in residence

Post by CR001 » Tue Sep 19, 2017 12:26 pm

Why can't you extend your Tier 2 visa with your current employer?
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Re: ILR LR - 182 day gap in residence

Post by daburc » Tue Sep 19, 2017 12:35 pm

I work in Academia, funding for the current project got exhausted and all our funding applications for the past year were unsuccessful (blame on brexit). Very few academia jobs related to my CV and plenty in industry but they don't provide Tier2.

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Re: ILR LR - 182 day gap in residence

Post by daburc » Tue Sep 19, 2017 2:44 pm

Hi,
Will I be allowed to work for different employer during the decision process?

Thanks
Dab

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Re: ILR LR - 182 day gap in residence

Post by CR001 » Tue Sep 19, 2017 2:50 pm

daburc wrote:
Tue Sep 19, 2017 2:44 pm
Hi,
Will I be allowed to work for different employer during the decision process?

Thanks
Dab
No because you don't have evidence of the right to work. If you make any type of application before your current visa expires, your existing Tier 2 conditions continue, which means you can only work for your current sponsor.
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Re: ILR LR - 182 day gap in residence

Post by daburc » Tue Sep 19, 2017 5:37 pm

Thanks a lot for the information :).

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