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ILR-Completed 5 years with job.Now no job.ok to apply?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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hanke2012
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Posts: 11
Joined: Tue Feb 14, 2012 3:54 pm

ILR-Completed 5 years with job.Now no job.ok to apply?

Post by hanke2012 » Fri Feb 15, 2013 12:50 pm

Hi Friends,

somehow i had pulled through 5 years and 2 months with job in the UK.I am on tier1 Visa valid until June-2014.Now i have returned to India with Indian employer from Jan-2nd.Now i would like to atleast apply for ILR and return to UK for work later.My absense days for last 5 years is around 150 altogether and this year could be around 70 days(all other years before -80 days) at a stretch if i apply next month.Is there a possibilty i UKBA can refuse my visa because no work at this time?
I have to travel from India.Please advise.

Thanks,
Kumar

mulderpf
Diamond Member
Posts: 1669
Joined: Sat Oct 16, 2010 8:10 am
Location: London

Post by mulderpf » Fri Feb 15, 2013 12:54 pm

You cannot apply for ILR while you are living abroad. You need to be living in the UK in order to apply for ILR.
Do not send me PM's with specific questions - post question in the open forum so others can also benefit from the answers.

hanke2012
Newly Registered
Posts: 11
Joined: Tue Feb 14, 2012 3:54 pm

ILR-Completed 5 years with job.Now no job.ok to apply?

Post by hanke2012 » Fri Feb 15, 2013 1:00 pm

Thanks for the reply.I am planning to come back to UK for few backs to process ILR and then will be back to India.Just worried that no job is a problem or not a problem .Please guide.i can tell them that i am looking for work.

Thanks
Kumar

kiranchinnu
Member of Standing
Posts: 364
Joined: Thu Jan 14, 2010 2:47 pm

Re: ILR-Completed 5 years with job.Now no job.ok to apply?

Post by kiranchinnu » Fri Feb 15, 2013 1:04 pm

hanke2012 wrote:Hi Friends,

somehow i had pulled through 5 years and 2 months with job in the UK.I am on tier1 Visa valid until June-2014.Now i have returned to India with Indian employer from Jan-2nd.Now i would like to atleast apply for ILR and return to UK for work later.My absense days for last 5 years is around 150 altogether and this year could be around 70 days(all other years before -80 days) at a stretch if i apply next month.Is there a possibilty i UKBA can refuse my visa because no work at this time?
I have to travel from India.Please advise.

Thanks,
Kumar
Pls explain your immigration history more clearly with dates then there will some chance to answered . And you need to be in UK to apply ILR.
Information provided is general guidance and does not constitute legal advice.

hanke2012
Newly Registered
Posts: 11
Joined: Tue Feb 14, 2012 3:54 pm

ILR-Completed 5 years with job.Now no job.ok to apply?

Post by hanke2012 » Fri Feb 15, 2013 1:10 pm

Sure.

I started my work with WP from Nov-2007 to Apr-2009.Then on tier 1 from Apr-2009 to Dec-2012.Same employer for 5 years and 2 months.No break.My last work day in UK was 31-dec-2012.Now working in India for the same employer.Just want to come back to UK to process ILR and return UK at a later date to find a job.

Not sure how UKBA will treat me now as i am not working in UK.

Please guide.

Thanks
Kumar

jagacharaja
Member
Posts: 140
Joined: Thu Jan 25, 2007 8:49 pm
Location: UK

Re: ILR-Completed 5 years with job.Now no job.ok to apply?

Post by jagacharaja » Fri Feb 15, 2013 1:31 pm

hanke2012 wrote:Now i would like to atleast apply for ILR and return to UK for work later.
That's not what an Indefinite Leave to Remain is for! Are you intending to settle in the UK?

hanke2012
Newly Registered
Posts: 11
Joined: Tue Feb 14, 2012 3:54 pm

ILR-Completed 5 years with job.Now no job.ok to apply?

Post by hanke2012 » Fri Feb 15, 2013 1:36 pm

Yes,correct.Planning to settle there.But market had been so tough and could not find job ontime to continue to stay in UK.

Thanks
Kumar

mulderpf
Diamond Member
Posts: 1669
Joined: Sat Oct 16, 2010 8:10 am
Location: London

Post by mulderpf » Fri Feb 15, 2013 1:50 pm

You still cannot do this.

Firstly, you are not using your visa for its intended purpose, so if you enter the UK simply for the purpose of getting ILR, then your leave could be curtailed at the border. Secondly, your current absence actually resets your continuous period as it is not related to your leave in the UK.

Then there are all the practical implications of what you are trying to achieve. When you apply for ILR, you would usually have to go through the postal route. This would require you to hang around in the country for up to 6 months as you need to go for biometrics and your BRP will only be delivered to yourself, inside the UK.

And then, when you fill in your form, saying that you do not current rent or own a property in the UK and saying that you don't currently work in the UK would throw up all kinds of questions (in which case, if you thought you'd just do a PEO application - this would probably cause a decision not to be reached immediately). Then, what will you write next to the question where you have to give a reason for your absence from January until the date that you travel back to the UK? You can't lie, because it's deception.

And then, the dead giveaway that you are not in the UK for the purposes of your visa would be where you need to declare your earnings where they would clearly see that you are living and working in India.

EDIT: Oh yes and I also forgot that you would need to do the Life in the UK test. This in itself will give you some issue, as you would need to prove your address in the UK. If you fail the test, you need to give yourself 7 days before you can retake the test - this all would need careful planning if you even manage to get to this point.

You NEED to be living in the UK in order to apply for ILR.
Do not send me PM's with specific questions - post question in the open forum so others can also benefit from the answers.

honey_parmar
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Posts: 25
Joined: Sat Nov 03, 2012 10:43 am

Post by honey_parmar » Fri Feb 15, 2013 7:01 pm

Hi Hanke,

I totally agree with mulderpf.

Dont sail in two boats at the same time.It will cause u problem in ILR

You need to give UK address for cohabitation if married and prove your initial intention while applying for TIER1 G i;e settle in UK

Ta

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