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Need help on my ILR due shortly

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: Need help on my ILR due shortly

Post by cs95tdg » Thu Jan 03, 2013 11:24 am

guri_78 wrote:Thanks guys......I have one more question, re my case, what should I fill in following question in SETO form.

D2. Please confirm whether you have been outside of the UK for any single absence over 3months or one or more absences which amount to more than 6 month in total during the 5 year
period:

Will it be yes or No in my case please?
It depends on what your total number of absences were during the 5 year residence period. I see you have no single absence that is over 3 months. But the absences you have listed appear to include departure and arrival dates so you will need to recalculate the total to eliminate these.

crusador0408
Member of Standing
Posts: 274
Joined: Fri Nov 23, 2007 6:47 am

Post by crusador0408 » Wed Jan 16, 2013 4:53 pm

This is the best thing about this forum, you can always dig out 100% most of the times otherwise atleast 99% of the info from previous posts.

As others say you are eligible and dont need to count before entry days as absence, go ahead. Good luck! These clears my query as well if you are within 90 days period from entry clearnace to date of entry. Thanks again everyone and mods.

Answer to your question will be NO as there is no single absence of over 3 months.
I have my ILR since march 2013, previously based on HSMP+Tier1 ext. All views are my own, am not a professional on immigration matters.

guri_78
Member
Posts: 125
Joined: Fri Dec 28, 2012 11:53 pm

Post by guri_78 » Wed Jan 16, 2013 5:54 pm

Hi crusador0408................Ans would be YES as there is OR between two. I am well within 90 days in a year but my total absences are more than 180 in total in 5 years...I will get a letter from company but keep it with me and only provide if required.

Moreover, Question D2 is contradicting with new rules from 13th Dec.
crusador0408 wrote:This is the best thing about this forum, you can always dig out 100% most of the times otherwise atleast 99% of the info from previous posts.

As others say you are eligible and dont need to count before entry days as absence, go ahead. Good luck! These clears my query as well if you are within 90 days period from entry clearnace to date of entry. Thanks again everyone and mods.

Answer to your question will be NO as there is no single absence of over 3 months.

crusador0408
Member of Standing
Posts: 274
Joined: Fri Nov 23, 2007 6:47 am

Post by crusador0408 » Wed Jan 16, 2013 8:41 pm

Here is text from the official doc:
>>No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, preceding the date of the application for indefinite leave to
remain (ILR).

page 10
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
I have my ILR since march 2013, previously based on HSMP+Tier1 ext. All views are my own, am not a professional on immigration matters.

7yearson2014
Newly Registered
Posts: 2
Joined: Thu Jun 05, 2014 2:45 pm

Re: Need help on my ILR due shortly

Post by 7yearson2014 » Thu Jun 05, 2014 3:09 pm

Similar query along this thread about the 180 days out of the UK for ILR:

I came in on an HSMP visa in August 2007 and am currently on my second renewal of Tier 1 general.

In my case, I have taken fewer than 162 days outside of the in the last continuous 5 years.
Eg: From May 2009 - May 2014, days out of the UK = 162 total (non-continuous periods)

My question is this:
I arrived in August 2007 to have my visa activated and that date is recorded as my "first entry."
As I was unsure of when/how I would receive my HSMP visa, so I was not prepared to fully move over in August 2007 - I returned to my home country to prepare and moved over properly/began working in the UK in May 2008 (technically I was out of the UK well over 180 days during this period of "prep").

My question is - this period is well before the 5 year continuous period being counted for my application (I've have my visas for 7 years, have lived in the UK for a little over 6 continuously), will I be rejected outright? Or does the 180 day rule really and definitely only applies for the 5 continuous years starting from the application date and previous time outside the UK is less of an issue if before this 5 year period?

7yearson2014
Newly Registered
Posts: 2
Joined: Thu Jun 05, 2014 2:45 pm

Re: Need help on my ILR due shortly

Post by 7yearson2014 » Thu Jun 05, 2014 3:09 pm

Similar query along this thread about the 180 days out of the UK for ILR:

I came in on an HSMP visa in August 2007 and am currently on my second renewal of Tier 1 general.

In my case, I have taken fewer than 162 days outside of the in the last continuous 5 years.
Eg: From May 2009 - May 2014, days out of the UK = 162 total (non-continuous periods)

My question is this:
I arrived in August 2007 to have my visa activated and that date is recorded as my "first entry."
As I was unsure of when/how I would receive my HSMP visa, so I was not prepared to fully move over in August 2007 - I returned to my home country to prepare and moved over properly/began working in the UK in May 2008 (technically I was out of the UK well over 180 days during this period of "prep").

My question is - this period is well before the 5 year continuous period being counted for my application (I've have my visas for 7 years, have lived in the UK for a little over 6 continuously), will I be rejected outright? Or does the 180 day rule really and definitely only applies for the 5 continuous years starting from the application date and previous time outside the UK is less of an issue if before this 5 year period?

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