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>540 days leave, what is the likelihood of succesful 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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Applepie9
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>540 days leave, what is the likelihood of succesful ILR application?

Post by Applepie9 » Fri Jul 26, 2019 11:53 pm

I first entered via a tier4(child) visa in 3rd Sept 2009
then switched to a tier4(general) in 26th Aug 2013
then switched to a tier2(general) in 8th Aug 2017

It will be my 10th year anniversary in Sept 2019, and I am just sorting my documents now so I can apply asap.

One big problem is that as I was studying in boarding school (and Uni halls), I had to leave during holidays as the place is closed down. This means that I am away from the country for around 720 days in total (still hunting for some flight tickets to get the exact date, but should be around that number)

Just wondering if I submit my application (assuming everything else is in order), how likely will I be successful?
Should I even bother?

Not sure if that makes a difference, but I currently work in one of the skill shortage occupation (2139 Information technology and communications professionals). I also has a BNO passport, which expired 15years ago (so before I entered as tier4).

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aman90
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Re: >540 days leave, what is the likelihood of succesful ILR application?

Post by aman90 » Sat Jul 27, 2019 1:10 am

How interesting.. a British National overseas passport. My cousins had that from HK. Later on got BP without even visiting UK.

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aman90
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Re: >540 days leave, what is the likelihood of succesful ILR application?

Post by aman90 » Sat Jul 27, 2019 1:18 am

Applepie9 wrote:
Fri Jul 26, 2019 11:53 pm
I first entered via a tier4(child) visa in 3rd Sept 2009
then switched to a tier4(general) in 26th Aug 2013
then switched to a tier2(general) in 8th Aug 2017

It will be my 10th year anniversary in Sept 2019, and I am just sorting my documents now so I can apply asap.

One big problem is that as I was studying in boarding school (and Uni halls), I had to leave during holidays as the place is closed down. This means that I am away from the country for around 720 days in total (still hunting for some flight tickets to get the exact date, but should be around that number)

Have you posted before? Your story sounds familiar.
Have you read the caseworker guidance for LR.
It mentions something abt holidays taken in the beginning of the stay.,
You could request a SAR
.

Just wondering if I submit my application (assuming everything else is in order), how likely will I be successful?
Should I even bother?

720 days absence.. 😱

Not sure if that makes a difference, but I currently work in one of the skill shortage occupation (2139 Information technology and communications professionals).

For LR.. wouldn’t think so.


I also has a BNO passport, which expired 15years ago (so before I entered as tier4).

Applepie9
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Hong Kong

Re: >540 days leave, what is the likelihood of succesful ILR application?

Post by Applepie9 » Sat Jul 27, 2019 1:38 am

aman90 wrote:
Sat Jul 27, 2019 1:18 am
Applepie9 wrote:
Fri Jul 26, 2019 11:53 pm
I first entered via a tier4(child) visa in 3rd Sept 2009
then switched to a tier4(general) in 26th Aug 2013
then switched to a tier2(general) in 8th Aug 2017

It will be my 10th year anniversary in Sept 2019, and I am just sorting my documents now so I can apply asap.

One big problem is that as I was studying in boarding school (and Uni halls), I had to leave during holidays as the place is closed down. This means that I am away from the country for around 720 days in total (still hunting for some flight tickets to get the exact date, but should be around that number)

Have you posted before? Your story sounds familiar.
Have you read the caseworker guidance for LR.
It mentions something abt holidays taken in the beginning of the stay.,
You could request a SAR
.

Just wondering if I submit my application (assuming everything else is in order), how likely will I be successful?
Should I even bother?

720 days absence.. 😱

Not sure if that makes a difference, but I currently work in one of the skill shortage occupation (2139 Information technology and communications professionals).

For LR.. wouldn’t think so.


I also has a BNO passport, which expired 15years ago (so before I entered as tier4).
I haven't posted here before regarding this issue. But I assume there will be similar cases as mine

I estimated I have about 100 days each year absence for my first 4 years when I was in boarding school. (20 days christmas, 20 days easter, 60days summer), then for my uni years, around 60-80 days (20 days christmas sometimes, 60 days summer). These are because I don't really have a place to stay during summer as uni hall is closed. Then after that it's just 30 days per year (just using my annual paid leave at work).

so it will take me maybe 2-3 years to 'even out' back to the 540 in 10 years mark,

Typing it out, it do feel a bit 'excessive' if you just look at the number, but a lot of it is 'unavoidable' as I do not have a place to stay. Do you think I have a case here?

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zimba
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Re: >540 days leave, what is the likelihood of succesful ILR application?

Post by zimba » Sat Jul 27, 2019 2:38 am

That is not how the rules work. You cannot get ILR with those absences under SET(LR). Your best bet is to continue under Tier 2 until 2022. You may also try to apply under FLR(FP) route but I suggest you do that only if you were about to lose your Tier 2 status
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Applepie9
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Re: >540 days leave, what is the likelihood of succesful ILR application?

Post by Applepie9 » Sat Jul 27, 2019 1:30 pm

Zimba wrote:
Sat Jul 27, 2019 2:38 am
That is not how the rules work. You cannot get ILR with those absences under SET(LR). Your best bet is to continue under Tier 2 until 2022. You may also try to apply under FLR(FP) route but I suggest you do that only if you were about to lose your Tier 2 status
is FLR(FP) irrelevant to me as I don't have partner/family living in the UK?

I am looking for a career change, so staying with the same company for 3 more years will be a bit waste of time. And it is pretty impossible to change my job now to get a tier2 as I have to start junior again and the salary won't meet the expectation. Bit offtopic, but do you know if I go the Tier2 > Tier4 > Tier2 route, is that acceptable? Will my new tier 2 after tier4 have the sa
me requirement as my first tier2 (as in lower salary requirement)

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zimba
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Re: >540 days leave, what is the likelihood of succesful ILR application?

Post by zimba » Sat Jul 27, 2019 1:52 pm

Tier 4 counts but under the 10 year. Tier 4 should also be applied from outside the UK. FLR(FP) is also for people applying under the private life not just family life
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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CR001
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Re: >540 days leave, what is the likelihood of succesful ILR application?

Post by CR001 » Sat Jul 27, 2019 2:57 pm

Zimba wrote:
Sat Jul 27, 2019 1:52 pm
Tier 4 counts but under the 10 year. Tier 4 should also be applied from outside the UK. FLR(FP) is also for people applying under the private life not just family life
Tier 2 migrants can switch to Tier 4 within the UK.

https://www.gov.uk/tier-4-general-visa/ ... -this-visa
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Applepie9
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Hong Kong

Re: >540 days leave, what is the likelihood of succesful ILR application?

Post by Applepie9 » Sat Jul 27, 2019 3:00 pm

Zimba wrote:
Sat Jul 27, 2019 1:52 pm
Tier 4 counts but under the 10 year. Tier 4 should also be applied from outside the UK. FLR(FP) is also for people applying under the private life not just family life
looks like I won't be able to make the private life requirement(I am already 25).

Thinking about my alternative route. From my understanding, I can switch to tier5 for 2 years, then switch to ILR after that? (assuming my absence date will be within limit for 10 years route after 2 years visa period)

Also, I read I can switch from my current tier2 general to tier4 within UK? https://www.gov.uk/tier-4-general-visa/ ... -this-visa
what did you mean by applying outside UK?

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CR001
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Re: >540 days leave, what is the likelihood of succesful ILR application?

Post by CR001 » Sat Jul 27, 2019 3:15 pm

Thinking about my alternative route. From my understanding, I can switch to tier5 for 2 years, then switch to ILR after that? (assuming my absence date will be within limit for 10 years route after 2 years visa period)
You cannot switch to tier 5 within the UK.
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Applepie9
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Re: >540 days leave, what is the likelihood of succesful ILR application?

Post by Applepie9 » Sat Jul 27, 2019 4:23 pm

CR001 wrote:
Sat Jul 27, 2019 3:15 pm
Thinking about my alternative route. From my understanding, I can switch to tier5 for 2 years, then switch to ILR after that? (assuming my absence date will be within limit for 10 years route after 2 years visa period)
You cannot switch to tier 5 within the UK.
so realisticlly, except for tier2 route, my only choice is to go for tier4?

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