Tier2G to ILR with unauthorised vacation outside UK

[lotus1234]

Hi,

I am confused with my qualifying period because of the few things regarding my original work start date and an unauthorised travel outside of UK. Below is my scenario.

Originally came to UK on June 2010 in Teir2 ICT (Established Staff).

I got an offer to switch to Tier2 and the timelines are below.

13-Aug-2016 - Resigned from the company that I came to UK with T2 ICT. 90 Days notice period to serve
within UK until 11-Nov-2016

Tier2 General BRP approval & issue date - 16-Sep-2016
BRP valid until - 30-Nov-2021

CoS work start date - 30-Nov-2016
Actual work start date - 14-Dec-2016 (Got approval from my new employer
to delay joining date)
Unauthorised absence from UK - From 10-Nov-2016 to 13-Dec-2016 (I was not working either for first company or the new sponsor during this period).

My questions are below.

1) I was working for my previous company to serve the notice period of 90 days, after I switched to Tier2 general visa. Will that be an issue while applying for ILR. Or is that fine since the work start date in the CoS was mentioned as 30-Nov-2016 and my last working day with the previous employer was 11-Nov ?

2) As I won't get any letter for my absence from UK between 10-Nov and 13-Dec, will this affect my ILR application? Or can I ask my employer to provide a letter for this absence?

3) With all these scenarios, what will be my ILR qualifying period? Can I apply on or after 18-Aug-2021, which is 28 days before 5 year qualifying period from visa approval date?

Thanks in Advance,
Lotus

[lotus1234]

Hi,

Is there anyone with similar situation before? Can any of the experts comment on this please.

Regards

[zimba]

You do NOT need an absence letter if you were not employed in that period. I do not see any issues

[poper]

Why haven't you applied under the 10 year Long Residence route?

[lotus1234]

You do NOT need an absence letter if you were not employed in that period. I do not see any issues

Thanks a lot Zimba for the clarification. So I am eligible to apply for ILR on 18-Aug-2021 right based on my visa approval date 16-Sep-2016 ?

One more query with my PBS dependents.

They got visa approval while in India on 23-Dec-2016, entry to UK was on 14-Jan-2017. Can they apply for ILR at the earliest on 24-Nov-2021?

Also if I apply for ILR and get approval before my dependents submit their ILR application, do they need to change their visa category to dependent of ILR? If they need to change, can they apply for ILR after completing their 5 years from the date of visa approval?

Thanks

[lotus1234]

Why haven't you applied under the 10 year Long Residence route?

Hi poper, thanks for the reply. I can't go with long route as I was out of UK for more than 6 months while I was in my ICT visa

[zimba]

You do NOT need an absence letter if you were not employed in that period. I do not see any issues

Thanks a lot Zimba for the clarification. So I am eligible to apply for ILR on 18-Aug-2021 right based on my visa approval date 16-Sep-2016 ?

One more query with my PBS dependents.

They got visa approval while in India on 23-Dec-2016, entry to UK was on 14-Jan-2017. Can they apply for ILR at the earliest on 24-Nov-2021?

Also if I apply for ILR and get approval before my dependents submit their ILR application, do they need to change their visa category to dependent of ILR? If they need to change, can they apply for ILR after completing their 5 years from the date of visa approval?

Thanks

Yes, you would be eligible as per the initial visa approval date. Same for your dependants. They do NOT need to change their visa route if you get ILR under PBS route. They follow the same path as you

[lotus1234]

Understood. Thanks Zimba.

[lotus1234]

You do NOT need an absence letter if you were not employed in that period. I do not see any issues

Thanks a lot Zimba for the clarification. So I am eligible to apply for ILR on 18-Aug-2021 right based on my visa approval date 16-Sep-2016 ?

One more query with my PBS dependents.

They got visa approval while in India on 23-Dec-2016, entry to UK was on 14-Jan-2017. Can they apply for ILR at the earliest on 24-Nov-2021?

Also if I apply for ILR and get approval before my dependents submit their ILR application, do they need to change their visa category to dependent of ILR? If they need to change, can they apply for ILR after completing their 5 years from the date of visa approval?

Thanks

Yes, you would be eligible as per the initial visa approval date. Same for your dependants. They do NOT need to change their visa route if you get ILR under PBS route. They follow the same path as you

Hi Zimba,

I just read in few other threads that the 5 year continuous period is calculated differently for Main applicant and dependents. For dependents the 5 year clock starts only upon the entry to UK rather than the visa approval date. In this case my dependents can apply for ILR only on 28 days prior to 14-Jan-2022. Is this correct?

[CR001]

You are likely reading old rules that no longer apply, so what you are reading is no longer correct.

Without linking topics you are reading, that is the only conclusion.

PBS dependents qualify within 28 days before the initial visa issue date, same as Ain tier 2 general migrants.

[lotus1234]

You are likely reading old rules that no longer apply, so what you are reading is no longer correct.

Without linking topics you are reading, that is the only conclusion.

PBS dependents qualify within 28 days before the initial visa issue date, same as Ain tier 2 general migrants.

Hello CR001,

Thanks for your reply. I found this info in the below post created in 2018.

indefinite-leave-to-remain/ilr-via-tier ... 47763.html

Also I found the below information in the PBS dependent guidance updated on 09/2020.

"Length of time in the United Kingdom needed to qualify – settlement - Partners
123. You can apply for settlement as a PBS or Appendix W dependant partner once you have reached
5 years’ continuous leave in the United Kingdom as the dependant of the same Main Applicant."

Is there any guidance published before that states the 5 year qualifying period starts when the visa is granted.

Thanks

[lotus1234]

Just found the right document while searching the internet.

Absences which will not break continuity in the continuous period
This section tells you when absences will not break continuity when calculating if the
continuous period requirement has been met.

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK count towards the 180 days allowable absence in the
continuous 12-month period. The applicant does not need to provide evidence to
demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant
entered the UK in the continuous period calculation.

There is a specific document published for calculating continuous period in the UK, updated on Dec 2020.
https://assets.publishing.service.gov.u ... 2.0ext.pdf

Thanks again for the excellent guidance from the experts here