do I have to re-extend my Tier 1 or can I apply for a ILR?

[kiwitina]

Hi
I was first granted a Tier 1 general work visa on June 6 2009.

I lived and worked in London from July 18 2009 - 1 August 2010.

I left the UK to travel for leisure purposes from 1 August 2010-29 May 2011.

I began working in UK on June 2011 and extended my Tier 1 visa successfully on June 6 2012.

My current Tier 1 visa is due to expire on June 6 2014.

Because I left the UK for 10 months I understand I am not eligible for ILR in June 2014 and therefore must re-extend my Tier 1 visa for a second time. Is this correct?

Once I have extended my Tier 1 visa it will be valid until June 2016 correct?

My question is: can I apply for ILR somehow in June 2014 or must I extend my Tier 1 visa?

When can I apply for ILR?

I have done some rough calculations below with all the dates that I have left the UK since 2009. I think I have just scrapped in by literally 3 days and can therefore apply for ILR on 5 December 2014. Please confirm this is the case...taking into consideration the new rule change brought in in December 2012 allowing maximum of 180 days outside the UK in any 12 month period I have made my 12 month periods from 05 December-04 December since June - June won't work because of the 10 months outside the UK in 2010/11

Dates I have left the UK:
05/12/09 – 04/12/10 = 177 (52 days from 22/12/09 – 12/05/10) + (125 days from 01/08/10 – 04/12/10)
05/12/10 – 04/12/11 = 176 (175 days from 05/12/10 – 28/05/11) + (1 day from 09/11/11-11/11/11)
05/12/11 – 04/12/12 = 27
05/12/12 – 04/12/13 = 30
05/12/13 – 04/12/14 = 45

from the above dates can I apply for ILR at all? If so when?

Once I apply for ILR and wait 12 months can I apply for Naturalisation on 5 December 2015 and therefore gain a British passport around the same time? How long after gaining Naturalisation can I get the actual passport? what is the exact process for gaining Naturalisation?

Please look carefully at my dates as I have been given incorrect visa advice before and must have correct advice. Thanks

[sagareva]

Hi
I was first granted a Tier 1 general work visa on June 6 2009.

I lived and worked in London from July 18 2009 - 1 August 2010.

I left the UK to travel for leisure purposes from 1 August 2010-29 May 2011.

I began working in UK on June 2011 and extended my Tier 1 visa successfully on June 6 2012.

My current Tier 1 visa is due to expire on June 6 2014.

Because I left the UK for 10 months I understand I am not eligible for ILR in June 2014 and therefore must re-extend my Tier 1 visa for a second time. Is this correct?

Once I have extended my Tier 1 visa it will be valid until June 2016 correct?

My question is: can I apply for ILR somehow in June 2014 or must I extend my Tier 1 visa?

When can I apply for ILR?

I have done some rough calculations below with all the dates that I have left the UK since 2009. I think I have just scrapped in by literally 3 days and can therefore apply for ILR on 5 December 2014. Please confirm this is the case...taking into consideration the new rule change brought in in December 2012 allowing maximum of 180 days outside the UK in any 12 month period I have made my 12 month periods from 05 December-04 December since June - June won't work because of the 10 months outside the UK in 2010/11

Dates I have left the UK:
05/12/09 – 04/12/10 = 177 (52 days from 22/12/09 – 12/05/10) + (125 days from 01/08/10 – 04/12/10)
05/12/10 – 04/12/11 = 176 (175 days from 05/12/10 – 28/05/11) + (1 day from 09/11/11-11/11/11)
05/12/11 – 04/12/12 = 27
05/12/12 – 04/12/13 = 30
05/12/13 – 04/12/14 = 45

from the above dates can I apply for ILR at all? If so when?

Once I apply for ILR and wait 12 months can I apply for Naturalisation on 5 December 2015 and therefore gain a British passport around the same time? How long after gaining Naturalisation can I get the actual passport? what is the exact process for gaining Naturalisation?

Please look carefully at my dates as I have been given incorrect visa advice before and must have correct advice. Thanks

well, you see

on one hand, you are thinking in the right direction

if your absence was not continuous from august to may, but you returned to the uk for a few days, and also if you had real compelling reasons why you had to leave, you could try.

but from your own very thoughtful layout it looks like your best chance will be if you applied in december 2014, simply because application some time in december you to break an otherwise excessive absence in half, because it will fall either side of the application date

180 days per each 12 months is counted backwards in 12-month increments form the date of your application

so, if you apply on 1 June 14, the relevant periods would be
1 June 13 to 1 June 14
1 June 12 to 1 June 13
1 June 11 to 1 June 12
1 June 10 to 1 June 11 -- herein will line the big problem, because you exceed 180 days in this period
1 june 09 to 1 june 10


however

if you were to apply say on 05 december 14,
then the relevant periods would be

05 december 13 to 05 december 14
05 december 12 to 05 december 13
05 december 11 to 05 december 12
05 december 10 to 05 december 11
05 december 09 to 05 december 10

and as you yourself show, in that case seems like there is a chance and it will depend on what sort of reasons you had for your absense

however looks like you may have to extend anyway, because you need to get to winter

[kiwitina]

[quote="sagareva"][quote="kiwitina"]Hi
I was first granted a Tier 1 general work visa on June 6 2009.

I lived and worked in London from July 18 2009 - 1 August 2010.

I left the UK to travel for leisure purposes from 1 August 2010-29 May 2011.

I began working in UK on June 2011 and extended my Tier 1 visa successfully on June 6 2012.

My current Tier 1 visa is due to expire on June 6 2014.

Because I left the UK for 10 months I understand I am not eligible for ILR in June 2014 and therefore must re-extend my Tier 1 visa for a second time. Is this correct?

Once I have extended my Tier 1 visa it will be valid until June 2016 correct?

My question is: can I apply for ILR somehow in June 2014 or must I extend my Tier 1 visa?

When can I apply for ILR?

I have done some rough calculations below with all the dates that I have left the UK since 2009. I think I have just scrapped in by literally 3 days and can therefore apply for ILR on 5 December 2014. Please confirm this is the case...taking into consideration the new rule change brought in in December 2012 allowing maximum of 180 days outside the UK in any 12 month period I have made my 12 month periods from 05 December-04 December since June - June won't work because of the 10 months outside the UK in 2010/11

Dates I have left the UK:
05/12/09 – 04/12/10 = 177 (52 days from 22/12/09 – 12/05/10) + (125 days from 01/08/10 – 04/12/10)
05/12/10 – 04/12/11 = 176 (175 days from 05/12/10 – 28/05/11) + (1 day from 09/11/11-11/11/11)
05/12/11 – 04/12/12 = 27
05/12/12 – 04/12/13 = 30
05/12/13 – 04/12/14 = 45

from the above dates can I apply for ILR at all? If so when?

Once I apply for ILR and wait 12 months can I apply for Naturalisation on 5 December 2015 and therefore gain a British passport around the same time? How long after gaining Naturalisation can I get the actual passport? what is the exact process for gaining Naturalisation?

Please look carefully at my dates as I have been given incorrect visa advice before and must have correct advice. Thanks[/quote]

well, you see

on one hand, you are thinking in the right direction

if your absence was not continuous from august to may, but you returned to the uk for a few days, and also if you had real compelling reasons why you had to leave, you could try.

but from your own very thoughtful layout it looks like your best chance will be if you applied in december 2014, simply because application some time in december you to break an otherwise excessive absence in half, because it will fall either side of the application date

180 days per each 12 months is counted backwards in 12-month increments form the date of your application

so, if you apply on 1 June 14, the relevant periods would be
1 June 13 to 1 June 14
1 June 12 to 1 June 13
1 June 11 to 1 June 12
1 June 10 to 1 June 11 -- herein will line the big problem, because you exceed 180 days in this period
1 june 09 to 1 june 10


however

if you were to apply say on 05 december 14,
then the relevant periods would be

05 december 13 to 05 december 14
05 december 12 to 05 december 13
05 december 11 to 05 december 12
05 december 10 to 05 december 11
05 december 09 to 05 december 10

and as you yourself show, in that case seems like there is a chance and it will depend on what sort of reasons you had for your absense

however looks like you may have to extend anyway, because you need to get to winter[/quote]

Thanks for the prompt reply.

I am not quite sure what you mean by my having to provide "reasons for my absence"...why do I have to? I thought I was allowed to leave the UK for up to and not longer than 180 days per 12 month period. Since I did not exceed this why must I give a reason for my absence?? As I have mentioned before I went travelling for leisure for 10 months - it was not to do with work. Does this mean I will be refused ILR based on the fact that I left the UK for leisure and therefore forfeit any claim to ILR?? Is there any point in even attempting ILR as I don't want to spend all that money have a rejection of ILR on my record. How do I find out if I qualify or not please?

Thanks

[sagareva]

Hi
I was first granted a Tier 1 general work visa on June 6 2009.

I lived and worked in London from July 18 2009 - 1 August 2010.

I left the UK to travel for leisure purposes from 1 August 2010-29 May 2011.

I began working in UK on June 2011 and extended my Tier 1 visa successfully on June 6 2012.

My current Tier 1 visa is due to expire on June 6 2014.

Because I left the UK for 10 months I understand I am not eligible for ILR in June 2014 and therefore must re-extend my Tier 1 visa for a second time. Is this correct?

Once I have extended my Tier 1 visa it will be valid until June 2016 correct?

My question is: can I apply for ILR somehow in June 2014 or must I extend my Tier 1 visa?

When can I apply for ILR?

I have done some rough calculations below with all the dates that I have left the UK since 2009. I think I have just scrapped in by literally 3 days and can therefore apply for ILR on 5 December 2014. Please confirm this is the case...taking into consideration the new rule change brought in in December 2012 allowing maximum of 180 days outside the UK in any 12 month period I have made my 12 month periods from 05 December-04 December since June - June won't work because of the 10 months outside the UK in 2010/11

Dates I have left the UK:
05/12/09 – 04/12/10 = 177 (52 days from 22/12/09 – 12/05/10) + (125 days from 01/08/10 – 04/12/10)
05/12/10 – 04/12/11 = 176 (175 days from 05/12/10 – 28/05/11) + (1 day from 09/11/11-11/11/11)
05/12/11 – 04/12/12 = 27
05/12/12 – 04/12/13 = 30
05/12/13 – 04/12/14 = 45

from the above dates can I apply for ILR at all? If so when?

Once I apply for ILR and wait 12 months can I apply for Naturalisation on 5 December 2015 and therefore gain a British passport around the same time? How long after gaining Naturalisation can I get the actual passport? what is the exact process for gaining Naturalisation?

Please look carefully at my dates as I have been given incorrect visa advice before and must have correct advice. Thanks

well, you see

on one hand, you are thinking in the right direction

if your absence was not continuous from august to may, but you returned to the uk for a few days, and also if you had real compelling reasons why you had to leave, you could try.

but from your own very thoughtful layout it looks like your best chance will be if you applied in december 2014, simply because application some time in december you to break an otherwise excessive absence in half, because it will fall either side of the application date

180 days per each 12 months is counted backwards in 12-month increments form the date of your application

so, if you apply on 1 June 14, the relevant periods would be
1 June 13 to 1 June 14
1 June 12 to 1 June 13
1 June 11 to 1 June 12
1 June 10 to 1 June 11 -- herein will line the big problem, because you exceed 180 days in this period
1 june 09 to 1 june 10


however

if you were to apply say on 05 december 14,
then the relevant periods would be

05 december 13 to 05 december 14
05 december 12 to 05 december 13
05 december 11 to 05 december 12
05 december 10 to 05 december 11
05 december 09 to 05 december 10

and as you yourself show, in that case seems like there is a chance and it will depend on what sort of reasons you had for your absense

however looks like you may have to extend anyway, because you need to get to winter

Thanks for the prompt reply.

I am not quite sure what you mean by my having to provide "reasons for my absence"...why do I have to? I thought I was allowed to leave the UK for up to and not longer than 180 days per 12 month period. Since I did not exceed this why must I give a reason for my absence?? As I have mentioned before I went travelling for leisure for 10 months - it was not to do with work. Does this mean I will be refused ILR based on the fact that I left the UK for leisure and therefore forfeit any claim to ILR?? Is there any point in even attempting ILR as I don't want to spend all that money have a rejection of ILR on my record. How do I find out if I qualify or not please?

Thanks

well if you read the relevant home office guidance, it says that absences up to 180 days in 12month period are allowed for reasons related to employment or self employment, or compassionate reasons (medical treatment, deaths etc).

if you were travelling for leisure, under these guidelines you do not qualify

[kiwitina]

Oh dear :( that is terrible news! But better to find out now than later on...Thanks again for your help! :)

[quote="sagareva"][quote="kiwitina"][quote="sagareva"][quote="kiwitina"]Hi
I was first granted a Tier 1 general work visa on June 6 2009.

I lived and worked in London from July 18 2009 - 1 August 2010.

I left the UK to travel for leisure purposes from 1 August 2010-29 May 2011.

I began working in UK on June 2011 and extended my Tier 1 visa successfully on June 6 2012.

My current Tier 1 visa is due to expire on June 6 2014.

Because I left the UK for 10 months I understand I am not eligible for ILR in June 2014 and therefore must re-extend my Tier 1 visa for a second time. Is this correct?

Once I have extended my Tier 1 visa it will be valid until June 2016 correct?

My question is: can I apply for ILR somehow in June 2014 or must I extend my Tier 1 visa?

When can I apply for ILR?

I have done some rough calculations below with all the dates that I have left the UK since 2009. I think I have just scrapped in by literally 3 days and can therefore apply for ILR on 5 December 2014. Please confirm this is the case...taking into consideration the new rule change brought in in December 2012 allowing maximum of 180 days outside the UK in any 12 month period I have made my 12 month periods from 05 December-04 December since June - June won't work because of the 10 months outside the UK in 2010/11

Dates I have left the UK:
05/12/09 – 04/12/10 = 177 (52 days from 22/12/09 – 12/05/10) + (125 days from 01/08/10 – 04/12/10)
05/12/10 – 04/12/11 = 176 (175 days from 05/12/10 – 28/05/11) + (1 day from 09/11/11-11/11/11)
05/12/11 – 04/12/12 = 27
05/12/12 – 04/12/13 = 30
05/12/13 – 04/12/14 = 45

from the above dates can I apply for ILR at all? If so when?

Once I apply for ILR and wait 12 months can I apply for Naturalisation on 5 December 2015 and therefore gain a British passport around the same time? How long after gaining Naturalisation can I get the actual passport? what is the exact process for gaining Naturalisation?

Please look carefully at my dates as I have been given incorrect visa advice before and must have correct advice. Thanks[/quote]

well, you see

on one hand, you are thinking in the right direction

if your absence was not continuous from august to may, but you returned to the uk for a few days, and also if you had real compelling reasons why you had to leave, you could try.

but from your own very thoughtful layout it looks like your best chance will be if you applied in december 2014, simply because application some time in december you to break an otherwise excessive absence in half, because it will fall either side of the application date

180 days per each 12 months is counted backwards in 12-month increments form the date of your application

so, if you apply on 1 June 14, the relevant periods would be
1 June 13 to 1 June 14
1 June 12 to 1 June 13
1 June 11 to 1 June 12
1 June 10 to 1 June 11 -- herein will line the big problem, because you exceed 180 days in this period
1 june 09 to 1 june 10


however

if you were to apply say on 05 december 14,
then the relevant periods would be

05 december 13 to 05 december 14
05 december 12 to 05 december 13
05 december 11 to 05 december 12
05 december 10 to 05 december 11
05 december 09 to 05 december 10

and as you yourself show, in that case seems like there is a chance and it will depend on what sort of reasons you had for your absense

however looks like you may have to extend anyway, because you need to get to winter[/quote]

Thanks for the prompt reply.

I am not quite sure what you mean by my having to provide "reasons for my absence"...why do I have to? I thought I was allowed to leave the UK for up to and not longer than 180 days per 12 month period. Since I did not exceed this why must I give a reason for my absence?? As I have mentioned before I went travelling for leisure for 10 months - it was not to do with work. Does this mean I will be refused ILR based on the fact that I left the UK for leisure and therefore forfeit any claim to ILR?? Is there any point in even attempting ILR as I don't want to spend all that money have a rejection of ILR on my record. How do I find out if I qualify or not please?

Thanks[/quote]

well if you read the relevant home office guidance, it says that absences up to 180 days in 12month period are allowed for reasons related to employment or self employment, or compassionate reasons (medical treatment, deaths etc).

if you were travelling for leisure, under these guidelines you do not qualify[/quote]

[kiwitina]

It looks like I am eligible to apply for Indefinite Leave to Remain in December 2014 because I have a Tier 1 (general) visa and did not exceed the 180 day threshold and under the Tier 1 (general) visa rules I do not need to explain any absences under 180 days in each 12 month period.

I have cut and paste some info below:

Info as below from http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/ - these are the actual immigration rules/law:

(a) "continuous period of 5 years lawfully in the UK" means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:

(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain;

You are OK as previously calculated

(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a Businessperson, an Innovator, an Investor, a self-employed lawyer or a writer, composer or artist, the applicant must have been employed in the UK continuously throughout the five years,

b) is not applicable as you are on Tier 1 General.

(c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons.

c) is not applicable - slighly ambiguous but 'highly skilled migrant' includes Tier 1 General

Also from here regarding documentation http://www.ukba.homeoffice.gov.uk/visas ... ettlement/ :

Your employer must confirm in writing the reason for your absence from the UK if it was related to your work.

Your absences (the majority of them anyway) are not work related, hence do not nned to be justified by your employer.

You must confirm in writing the reason for the absence if it was related to your business or self-employment or if it was for a serious or compelling reason.

Neither of the above apply either hence no reason required.

[sagareva]

[quote=
c) is not applicable - slighly ambiguous but 'highly skilled migrant' includes Tier 1 General
[/quote]

you are wrong. C is precisely applicable to you. "highly skilled migrant" does not include tier 1 general. tested many times.

[wf]

sagareva, can you cite an actual refusal based on not having an absence letter?

Other posts (including those from senior members) seem to conflict with your assertion:

http://immigrationboards.com/viewtopic.php?t=142449

If your absences are less than 180 days per 12 month period, you shouldn't need a letter

Seniors and gurus in this forum can only advice you based on their expertise and experiences. If you search this forum, there are countless cass where they were not asked for employer letters if the absence is below 180 threshold.

http://immigrationboards.com/viewtopic.php?t=146165 re unpaid leave absence

No Q&A. Just go and apply. Your ILR will be approved.

http://immigrationboards.com/viewtopic.php?t=143680 Recent approval with no letter for 60 days:

4. Section 6 - Absences. I submitted letters from employer(s) for paid annual holiday. Note: I did not provide any document for 60 days holidays I took while I was unemployed and wasn't asked for any proof. sushdmehta and Amber thanks for clearing my doubts.

http://immigrationboards.com/viewtopic. ... c&start=20 post(s) by D4109125

[wf]

Another recent approval:
http://immigrationboards.com/viewtopic.php?t=145027

A break down of my visa years out the country are as follows:
Visa year 1: 12
Visa year 2: 180
Visa year 3: 37
Visa year 4: 36
Visa year 5: 46

As you can see in Visa year 2 I reached the maximum days out. I was travelling during this time and was not employed. I did not provide any letters or reason to this absence and it all went through fine.