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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salina10
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by salina10 » Thu May 27, 2010 3:35 pm
Hello All
Please can someone let me know wats the maximum limit on tier 1 (5 yrs).
Thanks
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geriatrix
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by geriatrix » Thu May 27, 2010 3:49 pm
180 days, and not more than 90 days at one time.
I am yet to discover the document where UKBA states that the limit has been increased to 225 days (from 180) because of change in ILR residential requirement from 4 to 5 years.
regards
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salina10
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by salina10 » Thu May 27, 2010 4:13 pm
Thanks for quick reply.
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winber
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by winber » Fri May 28, 2010 12:53 am
180 days might be right - but days consistent with annual leave annual leave may be disregarded by the case worker. Same goes for business travel - if letter from employer is provided.
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rambobambo
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by rambobambo » Mon May 31, 2010 10:13 pm
Could it be that as now the qualifying period has been increased to 5 years that total day out of UK may have been increased to 225 day as well, any experiences ..I need sume assuarnce
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gidoc
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by gidoc » Mon May 31, 2010 11:37 pm
There is no written rule which is in current use, so you have to take your chances. the absences must be legitimate.
Best wishes
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salina10
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by salina10 » Tue Jun 01, 2010 10:50 am
Hi,
Please find the link which gives more information about 225 absences success stories but it still we lack the official confirmation from HO.
http://www.immigrationboards.com/viewto ... hlight=225
BR
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salina02
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by salina02 » Sat Jul 31, 2010 8:24 am
Can someone plz let us know the 180 or 225 days (does this include or exclude the weekends & bank holidays).
Regards
sa
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winber
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by winber » Tue Aug 03, 2010 1:14 pm
The 180 days excludes all days the case worker decides to disregard.
At their discretion they can disregard absences consistent with annual leave, and also business trips where you have a letter from your employer confirming them.
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salina02
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by salina02 » Tue Aug 03, 2010 9:56 pm
So , If they consider 180 days excluding weekends that would be 228 days.
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winber
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by winber » Wed Aug 04, 2010 1:55 pm
So how many days absences do you have in total (not counting the day you departed and the day you returned)?
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indianbear
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by indianbear » Wed Aug 04, 2010 2:18 pm
does anyone have an idea what would happen if i have 234 days of absences and out of that 55 was because of holidays in the EU states. this brings down the 234 days to 179.
not sure if this would make any difference at all
anyone with similar experiences
will the officer go through the passport in detail ?
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defmute
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by defmute » Wed Aug 04, 2010 3:28 pm
Hi all,
Further to the enquiry above, what happens if the main applicant is within 180days limit and has satisfied the 90days rule but the dependant i.e. wife exceeds or falls short of 90days at any time rule??
My wife has been here in the UK with me since Feb 2008 but was out of the country btw 01 Oct 2009 - 31 Jan 2010 due to medical reasons.
Though her no of days outside the country sums up to 147days including the dates mentioned above.
I'm due for my ILR in Sept 2010 and I want to apply for hers along with mine but am not sure about the 90days rule and how it affects her as a dependant.
Appointment in Sept 2010 booked already via online on the Home office website ( yes.. it works if you understand the logic).
Please kindly assist with any known facts.
Thanks.
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salina02
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by salina02 » Wed Aug 04, 2010 3:43 pm
I think dependant not going to affect with 180 or 90 day rules.
Its only affects the main applicant.
I been 270 days out which exclude In & Out days but it includes weekends and bank holidays.
I got accedient and been fratured my leg i got recpts from doctors and hospitals are they gonna help anyway.
Any suggestion from senior members either to apply ILR or one more tier 1 extension to make up my days.
Plz help.
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dimsav
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by dimsav » Wed Aug 04, 2010 4:04 pm
defmute wrote:... Further to the enquiry above, what happens if the main applicant is within 180days limit and has satisfied the 90days rule but the dependant i.e. wife exceeds or falls short of 90days at any time rule??
There is no problem - it is the main applicant only who must satisfy residential requirements, the dependants just follow the main applicant's status.
Make sure though that both you and your wife have KOL test passed.
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salina02
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by salina02 » Thu Aug 05, 2010 12:44 pm
salina02 wrote:I think dependant not going to affect with 180 or 90 day rules.
Its only affects the main applicant.
I been 270 days out which exclude In & Out days but it includes weekends and bank holidays.
I got accedient and been fratured my leg i got recpts from doctors and hospitals are they gonna help anyway.
Any suggestion from senior members either to apply ILR or one more tier 1 extension to make up my days.
Plz help.
Plz can someone help
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winber
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by winber » Thu Aug 05, 2010 3:14 pm
You've given very little information about your situation.
How many days do you have to play with? Did you enter / were present in the UK on the day your visa was valid from?
If so you could apply in person up to 28 days early at a PEO. If you were rejected, you'd still have time to apply for an extension (of Tier 1 I presume). I heard that in the past they used to automatically consider you for FLR if you weren't eligible for ILR, but I don't think they still do that.
In theory you should be ok, but I recall reading of one case on this forum of a teacher that went abroad for all of their holidays - they had around 280 days leave I think. They were rejected. I think to some degree it depends on which case worker you get and how they interpret the rules.
If you did apply for an extension first, then you have the security of knowing you have quite a bit of time to play with to sort things out. I think one disadvantage of getting an extension is that you wouldn't be able to appeal the ILR if rejected. (I read in one of the newspapers this week that many thousands of people win their appeals because the Home Office frequently doesn't show up at the hearing.)
Keep in mind I'm not a senior member, nor do I have any special immigration knowledge.
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salina02
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by salina02 » Sat Jan 01, 2011 5:09 pm
salina02 wrote:I think dependant not going to affect with 180 or 90 day rules.
Its only affects the main applicant.
I been 270 days out which exclude In & Out days but it includes weekends and bank holidays.
I got accedient and been fratured my leg i got recpts from doctors and hospitals are they gonna help anyway.
Any suggestion from senior members either to apply ILR or one more tier 1 extension to make up my days.
Plz help.
Hi All,
I been out of uk for 270 days nothing more than 90 days in one go.
I got 88 days out due to medical reasons rest all less than 70 days.
I am going to apply ILR in may 2011
I want to know which way will be better either applying by post or PEO.
Please let me know if you come across any similar case.
Regards
s02
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salina02
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by salina02 » Tue Jan 04, 2011 12:05 pm
Just wondering for ILR more than 180 days, Do they give the results on the same day if applied with PEO.
If we got the documents to prove the gap was due to medical reasons.
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xyz123
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by xyz123 » Wed Jan 05, 2011 1:58 pm
salina02 wrote:Just wondering for ILR more than 180 days, Do they give the results on the same day if applied with PEO.
If we got the documents to prove the gap was due to medical reasons.
most cases get same day result at PEO (subject to their computers working, if not they still give you decision just the passport comes later). this includes more than 180 days absence (for any legitimate reason)....search this forum for success stories and there will be a lot of those who have more than 180 days absences..
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salina02
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by salina02 » Wed Jan 05, 2011 2:38 pm
xyz123 wrote:salina02 wrote:Just wondering for ILR more than 180 days, Do they give the results on the same day if applied with PEO.
If we got the documents to prove the gap was due to medical reasons.
most cases get same day result at PEO (subject to their computers working, if not they still give you decision just the passport comes later). this includes more than 180 days absence (for any legitimate reason)....search this forum for success stories and there will be a lot of those who have more than 180 days absences..
Thanks xyz123, I am hoping the same for me.
But its strange to see 450 days for Citizenship & 180 days for ILR, Eventhough the time difference between ILR & citizenship is only 1 year.
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xyz123
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by xyz123 » Wed Jan 05, 2011 2:56 pm
salina02 wrote:xyz123 wrote:salina02 wrote:Just wondering for ILR more than 180 days, Do they give the results on the same day if applied with PEO.
If we got the documents to prove the gap was due to medical reasons.
most cases get same day result at PEO (subject to their computers working, if not they still give you decision just the passport comes later). this includes more than 180 days absence (for any legitimate reason)....search this forum for success stories and there will be a lot of those who have more than 180 days absences..
Thanks xyz123, I am hoping the same for me.
But its strange to see 450 days for Citizenship & 180 days for ILR, Eventhough the time difference between ILR & citizenship is only 1 year.
it is strange but the difference (as long as i know) is that 180 days is descretionary (for case worker) but 450 is not. there may be written in rules than 450 can be ignored by case worker but i am not sure.
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salina02
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by salina02 » Wed Jan 05, 2011 3:09 pm
xyz123 wrote:salina02 wrote:xyz123 wrote:salina02 wrote:Just wondering for ILR more than 180 days, Do they give the results on the same day if applied with PEO.
If we got the documents to prove the gap was due to medical reasons.
most cases get same day result at PEO (subject to their computers working, if not they still give you decision just the passport comes later). this includes more than 180 days absence (for any legitimate reason)....search this forum for success stories and there will be a lot of those who have more than 180 days absences..
Thanks xyz123, I am hoping the same for me.
But its strange to see 450 days for Citizenship & 180 days for ILR, Eventhough the time difference between ILR & citizenship is only 1 year.
it is strange but the difference (as long as i know) is that 180 days is descretionary (for case worker) but 450 is not. there may be written in rules than 450 can be ignored by case worker but i am not sure.
I found Home Office very quick to update application fees amount with updated version form, but when it comes to other thing they are not bothered.
And also some applicants been told by case worker that for 5 years its 225 days and 4 years its 180 days as i have seen in some other post but its not been updated.