ILR Application Query

[Satyat]

Hi,

I (Main applicant) currently have Tear2-General visa
Valid from: 03-Nov-2015
Enter Uk: 05-Nov-2015
Extended on: 03-Dec-2018
Extended on : 16-Dec-2020
Valid upto : 31-Mar-2021

My wife visa details (Dependent)
Valid from: 13-Feb-2016
Enter Uk: 13-Feb-2016
Extended on: 03-Dec-2018
Extended on : 16-Dec-2020
Valid upto : 31-Mar-2021

She was out of UK on following days
07-Apr-2016 to 10-Dec-2016 : 248 days
25-Nov-2017 to 10-Dec-2017 : 15 days
23-Mar-2018 to 09-Sep-2018 : 170 days
04-Apr-2019 to 25-Apr-2018 : 21 days
16-Dec-2019 to 29-Dec-2019 : 23 days
Total 477 days she is out of UK.


Can you please let me know if my wife is eligible for ILR. If she applies on Jan 15th 2021.

Please note: First Visa extension was granted on 03-Dec-2018 before which she was away for 248 +15 +170 days.

[CULLINAN]

Your wife has no absence limits on any leave that was granted before 11th Jan 2018. She will only need to list any absences after 3 Dec 2018 that seems to be only 23 days.

She can apply for ILR when she completes 5 years minus 28 days counting from first visa issue date. Obviously, your ILR needs to be approved first, for her’s to be approved.

[Satyat]

Hi,

I (Main applicant) currently have Tear2-General visa
Valid from: 03-Nov-2015
Enter Uk: 05-Nov-2015
Extended on: 03-Dec-2018
Extended on : 16-Dec-2020
Valid upto : 31-Mar-2021

My wife visa details (Dependent)
Valid from: 13-Feb-2016
Enter Uk: 13-Feb-2016
Extended on: 03-Dec-2018
Extended on : 16-Dec-2020
Valid upto : 31-Mar-2021

She was out of UK on following days
07-Apr-2016 to 10-Dec-2016 : 248 days
25-Nov-2017 to 10-Dec-2017 : 15 days
23-Mar-2018 to 09-Sep-2018 : 170 days
04-Apr-2019 to 25-Apr-2019 : 21 days
16-Dec-2019 to 29-Dec-2019 : 23 days
Total 477 days she is out of UK.


Can you please let me know if my wife is eligible for ILR. If she applies on Jan 15th 2021.

Please note: First Visa extension was granted on 03-Dec-2018 before which she was away for 248 +15 +170 days.

[CULLINAN]

16th Jan 2021.

Can you please let me know if my wife is eligible for ILR. If she applies on Jan 15th 2021.

She only lists absence i.e. 21+23 days after 3 Dec 2018.

[Satyat]

Your wife has no absence limits on any leave that was granted before 11th Jan 2018. She will only need to list any absences after 3 Dec 2018 that seems to be only 23 days.

She can apply for ILR when she completes 5 years minus 28 days counting from first visa issue date. Obviously, your ILR needs to be approved first, for her’s to be approved.

Thanks for the clarification.

[Satyat]

Hi All,

I entered UK in General Tier 2 visa on Nov 2015 through a XYZ company whose branch is in both UK and India.

I worked for first 2 years in UK and had to relocate back to India for two weeks. Later I rejoined to UK and till now working in same company. However i'm working in same VISA which was granted in 2015 till now.

Below are the dates of employment in XYZ company:

5 Nov 2015 till 2 Sep 2016 : worked in XYZ company in UK payroll.
3 Sep 2016 till 17 Sep 2016 : worked in XYZ company in India payroll.
18 Sep 2016 till now : working in XYZ company UK payroll.

Question :
1.Will two weeks gap in UK payroll will cause problem, if i apply for ILR in Nov 2020? Although i'm in same VISA from 2015 till now?

2. If for the below Employment letter from XYZ company as below:

"We write to confirm that Mr. Satya was a permanent employee of XYZ, UK from 5th November 2015 to 2nd September 2016. He had to relocate to our parent company, XYZ India Limited from 3rd September 2016 to 17th September 2016. Thereafter he was employed by XYZ, UK again since 18th September 2016"

Will this letter be accepted for ILR application?

Thanks

[srsw]

1. It shouldn't as it's such a short gap.

2. That letter unnecessarily complicates things I think. Just keeping it simple is the best way forward. You were on the same visa since 2015 so try to keep it that way without that 2 weeks gap.

[Satyat]

Thank you all for the response. I got my ILR last week.

Now i'm in the process of applying ILR for my Wife and kids.
As posted earlier my wife is having below visa extension and leave history.

My wife visa details (Dependent)
Valid from: 13-Feb-2016
Enter Uk: 13-Feb-2016
Extended on: 03-Dec-2018
Extended on : 16-Dec-2020
Valid upto : 31-Mar-2021

She was out of UK on following days
07-Apr-2016 to 10-Dec-2016 : 248 days
25-Nov-2017 to 10-Dec-2017 : 15 days
23-Mar-2018 to 09-Sep-2018 : 170 days
04-Apr-2019 to 25-Apr-2019 : 21 days
06-Dec-2019 to 29-Dec-2019 : 23 days
Total 477 days she is out of UK.

Please note: First Visa extension was granted on 03-Dec-2018 before which she was away for 248 +15 +170 days.

Questions:
Q1: My understanding is any leave applied before 03 Dec 2018 will not be considered.Please confirm?

Q2: In Visa application there is section which asks about
"Does the period of stay on which this application was based include any leave granted since 11 January 2018"
"Have you had any absences from the UK during any leave granted since 11 January 2018?"
I clicked 'Yes' for above two section, now do i need to list the leaves taken all the leaves taken in 2018 which includes the leave before First BRP renewer i.e 23-Mar-2018 to 09-Sep-2018 : 170 days ?

Q3 : If i list down all the leaves taken from 2018 as below :
23-Mar-2018 to 09-Sep-2018 : 170 days
04-Apr-2019 to 25-Apr-2019 : 21 days
06-Dec-2019 to 29-Dec-2019 : 23 days
Will the application be rejected as it is breaking rolling 12 month period, where applicant shouldn't be outside UK for 180 days?

Q4: If I list down only the leaves taken after first extension on 03 Dec 2018
04-Apr-2019 to 25-Apr-2019 : 21 days
06-Dec-2019 to 29-Dec-2019 : 23 days
Will they accept the application or will they reject or question about not listing all the leave from 2018?


Any inputs on the above will be of great help.
Thanks for your time in advance.

[CULLINAN]

16th Jan 2021.

Can you please let me know if my wife is eligible for ILR. If she applies on Jan 15th 2021.

She only lists absence i.e. 21+23 days after 3 Dec 2018.