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Work permit holder Tier T2, ILR am I eligible or not?!

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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chakra1979
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Work permit holder Tier T2, ILR am I eligible or not?!

Post by chakra1979 » Wed May 29, 2013 1:20 am

Hi,

I have a work permit, arrived into the UK in July 2008. So, here is the list of my paid holidays (including public holidays and weekends) outside UK. The maximum I have ever spent outside is 21 days. Most of my holidays are going to Europe.

July 2008 - July 2009 = 44 days
July 2009 - July 2010 = 31 days
July 2010 - July 2011 = 39 days
July 2011 - July 2012 = 47 days
July 2012 - July 2013 = 23 days (possible)

Total days outside UK = 184 days (I have never gone beyond my annual leave)

The burning question is I have gone past the required 180 days rule. I also have read somewhere that as long as none of the holidays are unpaid leave, one need not to worry about getting ILR approval?!! Could someone who had experience please shed light on this. So that I won't waste money, time applying and get stressed about the outcome

I hope I haven't botched up by not having an eye on my holidays.

Thank you

C

Ishwarch
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Post by Ishwarch » Wed May 29, 2013 8:34 am

If you have employer letter explaining all your holidays and all holidays are paid, then you are fine.
You don't have any issue.

Now you can be out of UK up to 180 yearly with official or personal reason.

chakra1979
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Post by chakra1979 » Wed May 29, 2013 2:31 pm

Ishwarch wrote:If you have employer letter explaining all your holidays and all holidays are paid, then you are fine.
You don't have any issue.

Now you can be out of UK up to 180 yearly with official or personal reason.
Just reading regarding more than 180-days in a year. Does that mean one can stay (180x5) 900 days outside UK and still be eligible. :?

Ishwarch
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Post by Ishwarch » Wed May 29, 2013 2:59 pm

Yes.
I was out of UK 250 days total in 5 years. I got my ILR last month.
Your case is very easy, you will get it easily, if you get employer letter.

I had single gap of 165 days.

chakra1979
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Post by chakra1979 » Sun Jun 02, 2013 9:08 pm

Ishwarch wrote:Yes.
I was out of UK 250 days total in 5 years. I got my ILR last month.
Your case is very easy, you will get it easily, if you get employer letter.

I had single gap of 165 days.
WOW!!! that seems to be drastic rule change...thank you

rizwan567
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Post by rizwan567 » Sun Jun 02, 2013 10:27 pm

Are you guys really sure that you can stay half of your time outside UK and still qualify for ILR? I am just not able to digest this information..

Others please comment to clarify.

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Post by Amber » Sun Jun 02, 2013 10:45 pm

rizwan567 wrote:Are you guys really sure that you can stay half of your time outside UK and still qualify for ILR? I am just not able to digest this information..

Others please comment to clarify.
These absences will have to be for a reason that is consistent with the person’s employment or economic activity (i.e. business trips, conferences, research, periods of regular annual leave etc....) or for serious or compelling reasons, such as a family emergency or medical emergency. This rule already applied to to Tier 1 Investors and Tier 1 Entrepreneurs before being introduced for Tier 2 (General), Tier 1 (General) and Work Permit holders.
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rizwan567
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Post by rizwan567 » Mon Jun 03, 2013 12:29 am

D4109125 wrote:
rizwan567 wrote:Are you guys really sure that you can stay half of your time outside UK and still qualify for ILR? I am just not able to digest this information..

Others please comment to clarify.
These absences will have to be for a reason that is consistent with the person’s employment or economic activity (i.e. business trips, conferences, research, periods of regular annual leave etc....) or for serious or compelling reasons, such as a family emergency or medical emergency. This rule already applied to to Tier 1 Investors and Tier 1 Entrepreneurs before being introduced for Tier 2 (General), Tier 1 (General) and Work Permit holders.
This sounds more reasonable :)

chakra1979
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Post by chakra1979 » Tue Jun 04, 2013 1:52 pm

D4109125 wrote:
rizwan567 wrote:Are you guys really sure that you can stay half of your time outside UK and still qualify for ILR? I am just not able to digest this information..

Others please comment to clarify.
These absences will have to be for a reason that is consistent with the person’s employment or economic activity (i.e. business trips, conferences, research, periods of regular annual leave etc....) or for serious or compelling reasons, such as a family emergency or medical emergency. This rule already applied to to Tier 1 Investors and Tier 1 Entrepreneurs before being introduced for Tier 2 (General), Tier 1 (General) and Work Permit holders.
Sorry, but being away on weekends and public holidays come under this as well

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