- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
The point-based systems requires you to score the necessary points in the relevant areas for you to qualify (Age, Qualifications, Past Earnings, UK Experience plus KOL test). As you meet all the other requirements (and assuming that your earnings are sufficient to score you the required points) I think you should be ok for your ILR application.anotheraussie1 wrote:However, I have tended to work contracts and go travelling between them. So at the beginning of this year I finished a job, went travelling for 10 weeks, then spent 2 months finding another job.
It's all lawful under Tier1 conditions but can someone please confirm if this is ok for ILR?
also read here http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary245AAA. General requirements for indefinite leave to remain
(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.
Thanks for that. I had seen Amber's post while trying to find out a bit more about this section of the ILR application, and whilst I am inclined to believe this will be the case, I am not willing to risk attending my appointment with no attempt to supply evidence.ScopeD wrote:Perhaps Amber's explanation in this link may also help http://www.immigrationboards.com/viewto ... 4&t=154721
Personally I feel that you should be alright. When I read through the UKBA document in the link which MM12 kindly provided, I felt that the key issue is not having spent more than 180 days in any given year outside the UK. Surely you are allowed to take a vacation and surely one cannot say that a vacation outside the UK is not connected to the main reason for your presence in the UK. I think where you spend time outside the UK and that time outside is linked to other economic activities which are not linked to your UK visa, then that is the point at which you break your continuous stay in the UK. But a simple vacation to cool off the pressures of the UK busy life somewhere in the world - I don't see how that breaks the continuous stay rule - unless if its more than 180 days or if this was linked to other economic activity. Perhaps to prove that you were economically active in the UK for the whole five years, you could provide P60s instead. There is another thread which explains how you can get in touch with HMRC to request them for a letter with your full history, so you might want to consider this option if you are nervous about the absences. Perhaps the moderators can shed more light.anotheraussie1 wrote:Thanks for your responses everyone.
I agree LaurenN, I am nervous about potential interpretations of this guidance. However, I think I'm going to proceed assuming I can go for it, but read these forums regularly etc to read of any cases where people have been refused.
I didn't realise I'd need 5 years of evidence of earnings so that's another faff - my first employer of a year (a public body) was abolished following the election and I doubt I would have kept paperwork that old. Never mind, I'm sure (I hope) there's a way.
Proof of 5 years worth of earnings? Where did you hear that? You only need to prove your earnings for a 12 month period out of the 15 months previous to your application date.anotheraussie1 wrote:Thanks for your responses everyone.
I agree LaurenN, I am nervous about potential interpretations of this guidance. However, I think I'm going to proceed assuming I can go for it, but read these forums regularly etc to read of any cases where people have been refused.
I didn't realise I'd need 5 years of evidence of earnings so that's another faff - my first employer of a year (a public body) was abolished following the election and I doubt I would have kept paperwork that old. Never mind, I'm sure (I hope) there's a way.
If the absences are less than 180 days/year, you should be alright. UKBA do not seem to be clear therefore best to explain the one month as vacation.Lmjr wrote:I am in a similar situation as i went to the US to visit family for a month after finishing a contract with a government agency. While awaiting my job offer for the company i work for now i was in the states and when i received the offer i needed to provide evidence/reasons of where i was in the past 5 yrs before i could start. I was told that apparently 180 days could be long enough for some to do something outside of the UK eg serving a prison sentence. I guess hence the limit chosen by UKBA.
The thing is though these rules came out only in Dec 2012. I seem to remember immigration rules can only be forward looking. That is to say shouldn't they be considering continuous periods after the date of the change, not date of application? So somebody eligible for ILR and in between jobs post Dec 2012 and left for vacation becomes ineligible? I think it is open to contention. Even the life in the uk test website states that the rules are unclear but what they have posted there tended to absences over 180 days.