ILR eligibility for more than 90 days

shankarmaha · Post by **shankarmaha** » Tue Oct 23, 2012 11:50 am

My name is Shankar. I would like to know if I will be eligible for ILR.

Below is the summary of my stay in UK. Can
you please advise if I may be qualified for applying for ILR.

I came to UK on 29th July 2008. I had taken some breaks after that

12 Feb 2009 - 22 Feb 2009 (India) - 10 Days
10 Apr 2009 - 13 Apr 2009 (France) - 3 Days
15 Aug 2009 - 12 Sep 2009 (India) - 27 Days
10 Jan 2010 - 17 Jan 2010 (India) - 7 Days
10 Apr 2010 - 14 Aug 2010 (India) - 124 Days
15 Jan 2011 - 22 Jan 2011 (India) - 7 Days
24 Dec 2011 - 12 Jan 2012 (India) - 19 Days

I was first working for IBM during the period 29th July 2008 - 10th Apr
2010. Although my visa was valild until August 9th 2010, my UK assignment
got over and I went back to India on 10th Apr 2010. I got a Tier 2 general
sponsorship from DNS consultancy,UK and I applied for entry clearance from
India. I got tier 2 General visa and travelled back to UK on 14th August
2010.

There were some reasons for this long gap.

1. IBM India wanted me to come back to India to complete the assignment.
2. I applied for Tier 2 General visa as soon as I went back to India on
12th April 2010. However, initially my visa got rejected due to a mistake
made by UK Embassy. I raised an admistrative review and then got the Visa
on 29th July 2010. I travelled back to UK on 14th Aug 2010.

Mainly because of the mistake made by UK Embassy in India, it took a long
period for me to get the visa and come back to UK.

Kindly let me know if there is any possiblity that I can apply for ILR next
Year.

shankarmaha · Post by **shankarmaha** » Thu Feb 07, 2013 12:21 pm

Moderators, Could you please provide me an answer

cs95tdg · Post by **cs95tdg** » Thu Feb 07, 2013 12:29 pm

You have addressed this post to the moderators of this site. But I will respond anyway... Read the information available under the following sticky to begin: http://www.immigrationboards.com/viewtopic.php?t=79378

New immigration rule changes have come into effect since your original post, so you should read the latest immigration rules and guidance applicable to the immigtation category you intend to apply for ILR under.

http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

As this is a public forum, it would be in your personal interests not to post personal contact information. You may want to edit your original post to this effect.

shankarmaha · Post by **shankarmaha** » Thu Feb 07, 2013 12:35 pm

Thanks.

I have read the links that you have given already and UKBA haven't mentioned anything related to administrative review. In my case, when I applied for entry clearance from india, the application was initially rejected and finally granted visa after an administrative review. The total time that took to provide the stamping took more than 100 days and I was not able to return to UK within the 90 day period because of the mistake made by ECO.

Please let me know if they will consider this gap - 124 days as a valid one/

Cheers
Shankar

cs95tdg · Post by **cs95tdg** » Thu Feb 07, 2013 12:46 pm

Can you summarise the following in a concise manner, as it's difficult to decipher the required information from your narrative without spending time.

Original EC date:
Original EC Immigration Category:
Visa Expiry date:
Date of first entry:
Any subsequent EC application dates (Include effective & expiry dates & immigration category):
Any subsequent in-country leave to remain application dates (Include effective & expiry dates & immigration category):

Include the delay you mention in the list as well.

BE HAPPY · Post by **BE HAPPY** » Thu Feb 07, 2013 1:00 pm

Hi,

Please read the " guidance for calcuation of contineous five years for ILR" on UKBA website.

http://www.ukba.homeoffice.gov.uk/sitec ... evised-ilr

Also I have read somewhere in this forum or elsewhere that if you leave UK before your current leave expires and enter within 90 days with new leave to enter then your stay will be calculated as contineous. Unfortunately, I was not able to locate that thread from this forum.

shankarmaha · Post by **shankarmaha** » Thu Feb 07, 2013 1:39 pm

I have put the dates into the format that you have asked for.

Original EC date: 22-Jul-2008
Original EC Immigration Category: Work Permit
Visa Expiry date: 21-Jul-2009
Date of first entry: 29-Jul-2009

Any subsequent in-country leave to remain From date (Include effective & expiry dates & immigration category): 26-Jun-09
Original EC Immigration Category: Tier 2 ICT
Visa Expiry date: 08-Aug-10

Any subsequent EC application dates (Include effective & expiry dates & immigration category): 13-Apr-2010
Visa from date : 22-Jul-2010
EC Immigration Category : Tier 2 General
Visa Expiry date : 22-Apr-2013
Date of first entry : 14-Aug-2010

Cheers
Shankar

cs95tdg · Post by **cs95tdg** » Thu Feb 07, 2013 1:52 pm

shankarmaha wrote:Original EC date: 22-Jul-2008
Original EC Immigration Category: Work Permit
Visa Expiry date: 21-Jul-2009
Date of first entry: 29-Jul-2009

Any subsequent in-country leave to remain From date (Include effective & expiry dates & immigration category): 26-Jun-09
Original EC Immigration Category: Tier 2 ICT
Visa Expiry date: 08-Aug-10

Any subsequent EC application dates (Include effective & expiry dates & immigration category): 13-Apr-2010
Visa from date : 22-Jul-2010
EC Immigration Category : Tier 2 General
Visa Expiry date : 22-Apr-2013
Date of first entry : 14-Aug-2010

Are you sure about the date highlighted in blue? The reason I ask is because it falls outside the validity period of that WP. In which case you would have first entered the UK under your Tier 2 ICT EC dated 26-Jun-09 & never used your WP EC.

You have a subsequent EC for a Tier2 General visa which you applied for on 13-Apr-2010 highlighted in orange. When did you leave the UK to make that application?

FYI: Note that EC applications are made outside the UK. And FLR or LTR applications are made in-country.

shankarmaha · Post by **shankarmaha** » Thu Feb 07, 2013 1:57 pm

It was a typo. Here is the correct info.

Original EC date: 22-Jul-2008
Original EC Immigration Category: Work Permit
Visa Expiry date: 21-Jul-2009
Date of first entry: 29-Jul-2008

Any subsequent in-country leave to remain From date (Include effective & expiry dates & immigration category): 26-Jun-09
Original EC Immigration Category: Tier 2 ICT
Visa Expiry date: 08-Aug-10

Left UK on 09-Apr-2010

Any subsequent EC application dates (Include effective & expiry dates & immigration category): 13-Apr-2010
Visa from date : 22-Jul-2010
EC Immigration Category : Tier 2 General
Visa Expiry date : 22-Apr-2013
Date of first entry : 14-Aug-2010

cs95tdg · Post by **cs95tdg** » Thu Feb 07, 2013 2:20 pm

IMO, based on the information provided, your continuous residence would have been broken on 09-Apr-10 and your ILR clock reset to begin on 22-Jul-2010.

Page 13 of the continuous residence guidance has the following which would apply to someone who made a FLR application in-country, but in your case, the application was a EC application made outside the country. so that clause would not be applicable. Even if it were applicable to out-of-country applications the gap between 09-Apr-2010 and 22-Jul-2010 goes over the stipulated 60 day threshold as well.

Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, such a period may be disregarded for ILR.

shankarmaha · Post by **shankarmaha** » Thu Feb 07, 2013 2:26 pm

Yes, the gap between 09-Apr-2010 and 22-Jul-2010 is > 60 days. But I made an application for entry clearance on 13-Apr-2010. My application initially got rejected and recieved the passport after 1.5 months. I applied for administrative review and after a month or so I received an email stating they have overturrned the decision. I sent my passport with the decision letter and later received the passport on 23/24 Jul. Because of the mistake of ECO it took me more than the required time to come back to UK.

Please advice if this period might be disregarded for ILR

cs95tdg · Post by **cs95tdg** » Thu Feb 07, 2013 2:43 pm

If it were to be disregarded, it would fall under an exceptional circumstance.

IMO, it will not, because the application itself, was an out-of-country EC application. Was there any particular reason why you left the UK to make the T2G application, instead of it being made in-country?

I may ofcourse be wrong, as I'm not an expert on immigration. You may want to consult a solicitor or immigration consultant to get further advice, if you plan to apply for ILR this year.

shankarmaha · Post by **shankarmaha** » Thu Feb 07, 2013 2:56 pm

My wife was pregnant during that time(She was due in July 2010). I didnt want to post my passport and wait 2-3 months in the UK. Based on my previous entry clearance experience(it took only a week to get the visa), I decided to go back to India and apply for visa. I know that was a bad decision. Had I applied within UK, I wouldn't have had this problem.

Anyway as you suggested, I will definitely check with a solicitor and if I am eligible, will update this forum.

Thanks for your reply

shankarmaha · Post by **shankarmaha** » Wed Jul 10, 2013 5:01 pm

Applied for ILR yesterday and got it approved.

smp19821 · Post by **smp19821** » Wed Jul 24, 2013 3:04 pm

I have got a similar case to yours and I would like to know whether they had issues with your stay out of country due to administrative review.

I also have a gap in my 5 year period due to my Tier 1 application being refused which I applied from outside UK. I was then issued Tier 1 visa after administrative review.

Did they ask for any extra documentation or ask many questions about the gap?

shankarmaha · Post by **shankarmaha** » Wed Jul 24, 2013 3:26 pm

I had applied through a solicitor and they have prepared a cover sheet which covered all the information. However there were no questions asked by case worker. Last december UKBA has made a rule change that an applicant can be outside the country for <=180

One more condition, is the duratin between the day when you applied for Tier 1 and your previous visa expiry date should be not more than 60 days.

for eg . if you had previous visa until 12th Aug 2009, you left the country before this date and you applied for Tier 1 from abroad before 12th september 2009, then your continous residence is not broken.

Give me your full travel history and the dates if you have been in this country. It will be easy.

Cheers

smp19821 · Post by **smp19821** » Thu Jul 25, 2013 8:14 am

So do you think its really worth applying through a solicitor? Mydates of absence were as follows afterientered the country (Mrach 8th 2008) on my WP:

29/08/2008 - 21/09/2008 - India - Holiday
23/12/2008 - 28/08/2009 - India - Tier 1 processing delay - waiting for admin review from Feb 15th 2009 -Aug 13 th 2009 - 250 days -
16/12/2009 - 23/01/2010 - India - Marriage - 37 Days
13/06/2011 - 08/07/2011 - India - 25 Days
22/12/2011 - 05/01/2012 - India - 14 days
20/03/2012 - 23/03/2012 - Dubai - 3 days
08/03/2013 - 11/03/2013 - France - 3 days
07/05/2013 - 13/05/2013 - Zurich - 7 days

Please advise as im planning to apply on the 30th of this month?

shankarmaha · Post by **shankarmaha** » Thu Jul 25, 2013 3:55 pm

1. How long was your initial work permit covered?
2. When you applied for Tier 1, did you had valid leave?
3. As you are planning to apply on 30th, Can you calculate the number of leave you have taken in the below order

30th Jul 2013 - 29th Jul 2012
30th Jul 2012 - 29th Jul 2011
30th Jul 2011 - 29th Jul 2010
30th Jul 2010 - 29th Jul 2009
30th Jul 2009 - 29th Jul 2008

You should not exceed 180 days in any the 5 year period.

Do you have the rejection letter, administrative review that you have submitted and the the acceptance letter that high commission has sent.

Cheers

smp19821 · Post by **smp19821** » Thu Jul 25, 2013 4:06 pm

My initial WP was covered till 30 July 2009
When i applied for Tier1 (Feb 2009) yes i had valid leave
The total number of days out were

30th Jul 2013 - 29th Jul 2012 - 10
30th Jul 2012 - 29th Jul 2011 - 17
30th Jul 2011 - 29th Jul 2010 - 25
30th Jul 2010 - 29th Jul 2009 - 65
30th Jul 2009 - 29th Jul 2008 - 243

I have the admin review letter and acceptance letter with me but not the rejection letter.

smp19821 · Post by **smp19821** » Thu Jul 25, 2013 4:10 pm

Not sure if this is helpful but my current visa is valid till Dec 2014. Will there be asking me why im applying so early?

shankarmaha · Post by **shankarmaha** » Thu Jul 25, 2013 5:07 pm

You could have applied in March itself. It woiuld have been even simpler, as the leave you took would have been shared between the first and second year. Now although it exceeds 180 days, it is still valid, as you have proper evidence to show. You need to put this info properly in a cover sheet and present your application.

You said they wrongly rejected your initial application, what was the reason..

smp19821 · Post by **smp19821** » Thu Jul 25, 2013 9:50 pm

Yes i agree but somehow someone gave me the idea that the longer you wait the chances are more - hence i ended up here.

So you think that my application could be valid inspite of this leave.

They rejected my application initially as they looked at the wrong bank statement for my maintainance of funds - though the actual 3 month statement was stapled together and highlighted stating that this would now be the proof of maintainance.

norty109 · Post by **norty109** » Tue Oct 29, 2013 5:19 am

Please can someone advise how much time it took for visa stamping after passport was submitted at VFS post successful admin reveiw?

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ILR eligibility for more than 90 days

ILR eligibility for more than 90 days

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