ILR Application while address changes

[madhurmehra1989]

Hi,

Can someone please help me –

Apparently, I am due for ILR in November, I have few questions please read it through. Your time is very much appreciated, and It would be great help for me.

I switched from Tier 4 -> Tier 2 and visa was granted on 15 November 2014 in UK but my start date with the company was 15th December 2014. As this was one month wait between my joining date, I went to my home country India because I was waiting to start job. So, I went to India from 1st Dec 2014 -> 14th Dec 2014.

I joined the company on 15th Dec 2014 and worked there till 31st July 2017. I had to leave that company because they gave me termination letter due to they having some issues with home office and I was relieved on 31st July 2017, But later I found out on 1st September 2017 that Company A lost their sponsorship license and they are finally closed in October 2018.

Before I left that company A I managed to find a job with Company B which sponsored my visa but my start date with that company B was 22nd August 2017 so again during that time I went to India for 19 days as I was again waiting to start with new company.

I worked with Company B till 31st January 2019 and moved to company C on 4th February.

Can someone below questions please-?

1. When am I due for ILR?
2. Company A is closed how do I get the absence letter now?
3. When I was relieved from Company B, I took the absence letter from Company B on my relieving day only which was 31st Jan 2019 so the letter is dated as 31st Jan 2019. Will this letter work or the letter is supposed to be within 30 days of application?
4. While working for Company A, I went to India on holidays and when I arrived back on 6th September 2015 the immigration officer stamped the arrival date on my passport as 5th September 2015. So India departure date is 6th September 2015 but UK arrival is 5th September 2015. What do I do?

Please someone help me!!!

[zimba]

You can apply for ILR from mid Oct 2019. You do not need to get absences letter if the absences were less than 30 days or less per residence year.

[madhurmehra1989]

Any more opinions on this. I read the requirement and it says Absence letter from all the employers are mandatory. Also what will happen with the wrong date stamped on my passport?

[zimba]

If an applicant is required to provide specified documents from their employer
explaining their absences and fails to do this, and the absences do not exceed 30
working days plus statutory public holidays per annum (for example, such absences
are likely to be consistent with paid annual leave), you can choose, having regard to
all the circumstances of the case, to consider the application without this
documentation.
You still need evidence where the absences in a 12 month period (as defined above)
exceed 30 working days plus statutory public holidays

https://assets.publishing.service.gov.u ... -v18.0.pdf

Also time difference between India and UK is irrelevant. Absence periods are counted from the date you left the UK and the date you entered the UK

[madhurmehra1989]

ok then, my another question how do they know when I left UK when there is no exit stamp in UK airports. but yes there is entry stamp to the country I've been to.

[CR001]

ok then, my another question how do they know when I left UK when there is no exit stamp in UK airports. but yes there is entry stamp to the country I've been to.

HO is given the passenger manifest information from the airlines, so they will know when you left. You also obviously scan your passport through security on departure.

[madhurmehra1989]

Hi Thanks for your replies.

Very much appreciated.

I have forgotten to ask another question.

Q. Once we drove to France and there was neither exit stamp from UK nor Entry stamp in France because as soon you exit the tunnel you are on motorway.

But on the way back there is Exit stamp from France and Entry stamp from UK.

What to do in this case of missing stamp?

Thanks

[madhurmehra1989]

Can someone reply to this please?

Thanks

[zimba]

Ignore it.

[madhurmehra1989]

Hi @Zimba You've mentioned Absence letter is not required but I just read this in the link you've shared -

Absences linked to reason for being in the UK – evidential requirements
For all other categories, absences must be consistent with, or connected to, the applicant’s sponsored or permitted employment or the permitted economic activity being carried out in the UK - for example, business trips or short secondments.
This also includes any paid annual leave which must be assessed on a case by case basis and should be in line with UK annual leave entitlement for settled workers. For example, the statutory leave entitlement is 5.6 weeks’ paid holiday each year, which for workers who work a 5 day week is 28 days’ paid leave. However, many employers provide 25 or 30 days’ paid leave a year, plus bank holidays.
Short visits outside the UK on weekends or other non-working days are consistent with the basis of stay and do not break the continuity of leave. You must count such absences towards the 180 day limit.
Evidence in the form of a letter from the employer which sets out the reasons for the absences, including annual leave, must be provided. Where short visits outside the UK, on weekends or other non-working days have taken place, evidence from the employer should be provided to confirm the applicant’s normal working pattern and show the absences occurred during a non-working period.
However, time spent away from the UK for extended periods, particularly if the business no longer exists, should not be allowed.

[madhurmehra1989]

Hi Everyone,

Can someone please assist me? I have following points can someone answer –

1. I am currently on Tier 2 General visa which was granted on 14 November 2014 so I am due to apply for ILR on 17 Oct 2019? 28 days qualifying period.
2. I am currently living in Address A and have passed my Life in the UK test last week which states the postcode of address A. Now today My landlord has given me notice to move out from current property by 30 Oct 2019 so I was thinking is it a good idea to apply on 17 Oct while I am in current property? The reason is in case I don’t find the appointment on by 30 Oct, I’ll get stuck as I don’t know where will my BRP go? Does anyone know How hard to get early appointments in Manchester/ Leeds?
3. Please suggest me what should I do? Should I apply in Oct or wait to move to new property in November and then apply?

Please answer these questions asap so I start making arrangements accordingly.

Thanks in advance!

[zimba]

You should read the document as a whole. It is clear that absences below 30 working days do not need a letter as it is aligned with UK holiday entitlement. I suggest to apply when you have a new address. It will save you the pain to update the UKVI on your new address and slew of other issues

[madhurmehra1989]

Hi, How are the appointment booking timelines? I have started my application to submit next week and it says -

Service Update
We are currently experiencing high demand for appointments for our UK Visa and Citizenship Service Centres which means you may have to wait longer than usual for an available appointment. We are working closely with our partner Sopra Steria to ensure additional appointments are made available at sites across the UK as soon as possible. We apologise for any inconvenience caused and would like to assure you that you have up to 45 working days to book an appointment once your application form has been submitted.

Is it true? Do I need to wait for 45 days to get appointment? Please help!

[lhrflyer]

45 business days is not the wait, it's the limit for how far ahead from the time you've applied you can attend an appointment. You will find appointments before that. In my case I was very keen on having it over with, I applied at around 9pm and the only two appointments I could find for the following day needed me to drive halfway across the country to attend an 8am appointment (glad I did). Otherwise I would have had to wait ~2 weeks for something closer to home.

[madhurmehra1989]

Hi Please reply urgently -

You need to help me on this asap.

I filled the form and you've mentioned that I don't need letters from employers regarding my holidays and this is what is being asked when I filled the form-

Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies for Mr ABC

Also my another question -

I've entered in UK on Tier-4 visa in Jan, 2011 but My Tier-2 was granted in Nov 2014.

It is asking my first date of entry, what would it be? Please reply asap

[madhurmehra1989]

Hi Please reply urgently -

You need to help me on this asap.

I filled the form and you've mentioned that I don't need letters from employers regarding my holidays and this is what is being asked when I filled the form-

Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies for Mr ABC

Also my another question -

I've entered in UK on Tier-4 visa in Jan, 2011 but My Tier-2 was granted in Nov 2014.

It is asking my first date of entry, what would it be? Please reply asap

[madhurmehra1989]

Another question please-

Since you first entered the UK, have you had any absences from the UK?

This should be absence during Tier 2 or during Tier 4 as well?

[aman90]

I filled the form and you've mentioned that I don't need letters from employers regarding my holidays and this is what is being asked when I filled the form-

Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies for Mr ABC

If you have less then 30 days annually.. do you?

I've entered in UK on Tier-4 visa in Jan, 2011 but My Tier-2 was granted in Nov 2014.

It is asking my first date of entry, what would it be?

Tier 2 start date shall suffice

Absences related to Tier2 only

[madhurmehra1989]

If you have less then 30 days annually.. do you?

Yes lot less than 30 days per year. Is this include holidays within UK and sick leaves as well?

Tier 2 start date shall suffice

Some forum says first date of the entry some says start of Tier 2.

I am scared now.

[aman90]

Good grief. Why are you scared?!?
Stop with the overthinking.
The application is based on Tier2 visa. But since you were probably already in the country..you can either state the visa issue date or ur original date of entry.. an incorrect answer will NOT result in a refusal. I repeat will NOT impact your application.

[madhurmehra1989]

Thank you so much -

Now I came to final page and they are asking this -

Current Biometric Residence Permit for Mr ABC

Evidence of Mr ABC's immigration status in the UK

Whats the difference here? How can I provide these two, I have only BRP.

Also

Since you first entered the UK, have you had any absences from the UK?

This should be absence during Tier 2 or during Tier 4 as well?

[CULLINAN]

Thank you so much -

Now I came to final page and they are asking this -

Current Biometric Residence Permit for Mr ABC

Evidence of Mr ABC's immigration status in the UK

Whats the difference here? How can I provide these two, I have only BRP.

Also

Since you first entered the UK, have you had any absences from the UK?

This should be absence during Tier 2 or during Tier 4 as well?

1) Both are same.
2) Absences only during the 5 year qualifying period i.e. Tier 2.

[madhurmehra1989]

Another question

All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK

I don't have any other document and have only 1 passport and current BRP. Why are they asking all this?

[CULLINAN]

Another question

All previous passports, travel documents or national identity cards that you have used to travel to or remain in the UK

I don't have any other document and have only 1 passport and current BRP. Why are they asking all this?

Its generic. Just provide your passport and BRP.

[aman90]

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