ILR queries

[ramdesh]

I have travelled to India several time in last 5 years. I have a stamp of Arrival from Indian Immigration board but no stamp of departure from the UK immigration. So what day should I count for UK departure? It can be India Arrival day or a day before.
eg: If I departed UK, say, on 15 July night and arrived India on 16th Morning. I could use either 15th June or 16 June as departure day ( as there is no proof of departure from the UK).
On the other hand it is possible for me to depart UK and Arrive India on same day.
Can some one please help me.

[aspirant09]

I know what you mean as i had a similar issue with one of my trips!
I guess it would normally be a day before the arrival stamp date that you must have left UK.
You may try your travel itenaries ( if you have) or think really hard about the "time of the day" when you landed in India. Also depends where in India you travelled i.e. if Delhi then 90 % of the time you would have taken the night flight reaching delhi the next day morning. If Mumbai then you could have taken the day flight and reached the same day.
I searched the airlines website in order to check what their flight timings are/were. But that might have changed over these 5 years.I would not worry too much about this if you are below the 90/180 day threshold but again the infomration on the form should be correct or elsemention your confusion in a covering letter clearly stating the scenario.

[ramdesh]

Thanks Aspriant09. Yes, It is very hard to remember. My out of country days are 180 days that too if I take the UK departure date and India arrival date the same. Is there any other way for the caseworker to find out my UK departure day other than my India Arrival Day?

[aspirant09]

I am not sure mate. I would suggest dig out your travel tickets /Call travel agent ( if you have booked through them)/Call airlines customer support or consult with friends and family as they might remember.

I guess as long as you have always taken direct fligts you can safely go with the previous day date.

[geriatrix]

I entered UK on student visa in April 2002. I have got Work Permit in October 2006 while I was in the UK as student but I got Visa stamped (based on work permit) on 17th January. I then changed to Tier 1 (General) in June 2009 on 3 years + 2 years basis. My extension of Tier 1 is Due in June 2012.

Now I am qualified to apply for ILR as I will be completing 5 yeas on WP+Tier 1 on 17 January 2012.

My Question is from what date should I count my absence days?
a) From the Day I apply ILR i.e. ILR application date
b) From the Visa (work permit based) stamp date?
c) From the day I was issued Work permit

Your help will be much appreciated.

Thank You
Dr Ram Deshmukh

[geriatrix]

17-Jan-2007, assuming a leave to remain application.

[ramdesh]

Thank You sushdmehta,

I have been to a personal trip from 26 Jan 2007 to 30 Jan 2007 for 5 days. So I was thinking if I apply on 17 January 2012 my total absence days will be 182 days, as the above days will be counted.

If I apply after 30 January 2012 then will these 5 days would be disregarded?

from your answer my assumption would be wrong as they will still count those 5 days. is that right?
Please advise.
Thank you

[geriatrix]

The "qualifying residential period" for settlement as an economic migrant is 5 years preceding the application ... and the absences during this "5 year" period are relevant.

Your ILR clock (and the 5 year period) started ticking from 17-Jan-07. But it is up to you (and depending on when your current leave expires) whether you wish to apply for settlement on the 5th anniversary of the date mentioned or a bit later (e.g. - 5th anniversary + X days). Either way, the "qualifying residential period" will always be the 5 years preceding the date of settlement application. With that in mind, for a settlement application to be submitted on an intended date, you can determine whether any absences since 17-Jan-07 will be relevant or not.

[ramdesh]

Thank You very much sushdmehta.

I have few questions on filling application Can you please help?

1) Under section 9 Tier 1 Assessment sub section "A4" start and end dates of the period(s) for which you are claiming previous earnings:, I am confused here. Do I have to fill the date when i first applied for Tier 1 or the recent 12 months from the date of ILR application. Also, the amount I should show in section A6 should it be total last 12 months earning from ILR date or the Tier 1 date?

2) As I have more than 180 days of absence from the UK So should I say "Yes" in the D2 section?

Forgive me if these are silly questions, just want to make sure I am filling every thing right
Thank You

[ramdesh]

can some one please reply my questions in above messege

[x3mg33]

ramdesh

1) Recent 12 months from date of ILR application.
2) D2 Section: If you have 180days, just answer as it is. Then sight the reason why. I'm sure you would have a reason to justify >180days.
Always good to be honest, anyway, they will be checking this on the absence section and will probably ask you why you tick otherwise and will make you look less credible.

Hope that helps.