Do I qualify for ILR ? Continuous period Qn. Please HELP !!

[fabercastel]

Hello, Please could you provide your valuable thoughts in the below case, I greatly appreciate your time and support. This is to find out if I can apply for ILR. Apart from this continuous period question, I have all the other documents to apply for ILR.

Continuous period: Tier 1 (General) Visa expiry 01/04/2014. Planning to apply ILR on 05/03/2014.

Year 1. 05/03/2014 - 06/03/2013 - 3 days absent
Year 2. 05/03/2013 - 06/03/2012 - 3 days absent
Year 3. 05/03/2012 - 06/03/2011 - 11 days absent
Year 4. 05/03/2011 - 06/03/2010 - 55 days absent
Year 5. 05/03/2010 - 06/03/2009 - 168 days absent

When I consider these above absent dates, it comes under 180 days rules for each consecutive period and hence I am guessing I can apply for ILR. But still I am not sure because of year 4 and year 5 above. In year 5, 155 days out of 168 and in year 4, 23 days out of 55 are continuous stretch of holidays, (155+23 = 178 days). Do you think I still qualify for ILR? There is a valid reason why I took that many holidays (178 days) at a stretch in year 5 and year 4 of my consecutive period. I got married, later hospitalised after a month for 3 months because of a road accident, got the medical certificate from hospital and doctor ( 3 months rest = 90 days) and marriage certificate. Applying visa for my wife took some considerable time as well, 3 months after marriage. I haven't had a job at that point so cannot produce any letter from employer for that stretch of holidays. Marriage certificate, accident certificates, wife visa applying got delayed, these are the only reasons and documents I have. Please could you say if I still qualify for ILR

Please could you help me with this query. Will I be OK applying for ILR just by looking at the consecutive periods or will they even look at the continuous stretch of holidays between 2 consecutive periods?

Will my certificates be OK to prove for that continuous absence?

Thanks very much for your time in providing me with your valuable answers.

[fabercastel]

Please could someone who have similar experience provide me your opinion on this above request. I greatly appreciate your feedback, . I would have to book the appointment pretty quick so any valuable feedbacks is much appreciated. Do you think I will be having any issues in going ahead with ILR application? Thank you

[fabercastel]

Any help you could provide , Please moderators.

[ishchopra]

Hello Mate,

My case is exactly the same, your case would have been okay if this was before 23rd of Jan 2014 as they have proposed new rules after this date.

I have had a word with many agents and everybody is confused because none of them have experience or knowledge considering the new rules. If you read through the rules properly then i believe your case is not complex because you had a compelling reason i.e . accident.

read the new rules here
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http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The UKBA require confirmation (and evidence) that all absences taken during the qualifying period for ILR as a Tier 1 (General) migrant were for annual leave or business purposes.

In exceptional cases (see page 20-21) the UKBA will disregard absences if the absence was for compelling reasons.
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please get in touch personally because we can learn plenty of things together.

PM me

Regards,

Ankur

[Amber]

So far as absences do not exceed 180 days per 12 months period you should be fine. Evidence should not be required.

[ishchopra]

Hello Amber,

did you go through the new rules posted by UKBA on 23rd Jan??

[Amber]

That's not a new rule, they never bother with absences so long as there are less than 180 days per 12 month period.

[ishchopra]

Hey Amber,

Appreciate your reply but what about this link page no. 20-21

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

[Amber]

Nothing new, they've been saying that for a while.

[hemant_lakhani]

I have confusion, please help, I am looking forward to apply for ILR, I have doubts due to my absence of more than 180 days in past 5 years.
your early response with appropriate information would be really appreciated.

Here are some details:
I entered UK on 17 Oct 2007 on Work Permit,
Switched to Tier 1 General in Aug 2009 within UK,
Left UK on 18 Jan 2010 and came back 18 Sept 2010 (Absence of 244 days (more than 180 days)), Reason is my employer is India based so I had to go to India due to work in India & few weeks business meetings in Australia.

Please advice if I am eligible for ILR in this situation? What letter do I need from employer about the absence, a format would be really helpful.

While calculating 244 days absence breaks in 2 years making it less than 180 days in each of the 2 consecutive years,

Year From To Absence Reason
1 31-Mar-09 to 30-Mar-10 86 days Not continuous, 15 days personal holiday and 71 days Work in India
2 31-Mar-10 to 30-Mar-11 172 days Continuous 172 days work in India
3 31-Mar-11 to 30-Mar-12 0
4 31-Mar-12 to 30-Mar-13 0
5 31-Mar-13 to 30-Mar-14 0
* 71 days in year1 and 172 days in year2 are continuous absence making it 244 days.


Please help and advise, am I eligible or do I really need another Tier 1 General extension?
Thanks in advance, I look forward to early response PLEASE.
You help and advise will be greatly appreciated.

[hemant_lakhani]

Please advise on my above query.
Also, is there any requirement that the person needs to be paid in UK during his absence as I was paid in India during work based in India and was not paid in the UK. Please advise.

[syedimran74]

Hi All,

Thanks a lot for all the information this forum is providing to its users, really appreciable.

I am on Tier 1 General Visa issued on 16th October 2009 but validity from 27th Nov 2009 from Dublin Ireland.

So my absences are:
Came to UK on 29th Dec 2009 Opened my bank accounts and applied for National Insurance number. Even though i was staying in Hotel for all these nights, but i used my cousin's address in LOndon for openning of Bank account and National Insurance, where all statements and letter came in my name. (31 Days after the visa starts -No stamp of UK Entry/Exit, the only stamp is of Entry back into Dublin on 1st Jan 2010)

1) Went back to Dublin Ireland on 1 Jan 2010 because I had a job there and had to serve notice of 3 months and which was supposed to finish on 26th Feb 2010. (No stamp of UK Entry/Exit, the only stamp is of Entry in Dublin)

2) Came to London for a Job interview on 27th Jan 2010 for 1 day and went back to Dublin on 28th Jan 2010. (26 Days - No stamp of UK Entry/Exit, the only stamp is of Entry in Dublin)

3) Came to London on 3rd Feb 2010 for another interview for 1 day and went back to Dublin same day. (4 Days - No stamp of UK Entry/Exit, the only stamp is of Entry in Dublin)

4) Came back to London on 15th Feb 2010 for another interview for 1 day and went back to Dublin on same day. (12 days-No stamp of UK Entry/Exit, the only stamp is of Entry in Dublin)

5) Job finished in Dublin and Movedto London on 28th Feb 2010 and went back to Dublin on 8th March 2010 for 1 day to bring back my luggage. (No stamp of UK Entry/Exit, the only stamp is of Entry in Dublin)

6) Came to London on 9th March 2010 and started job in London from 29th march 2010.

7) Went to Dublin on 1st May 2010 for 2 days and came back to London on 3rd May 2010 to bring back my belongings. (2 days- No stamp of UK Entry/Exit, the only stamp is of Entry in Dublin)

8)Went to Pakistan on 1st July 2010 for marriage and came back to London on 11th July 2010. (9 days – It has a Date of Entry to UK on 11th July 2010)
9) Went to Pakistan on 15th August 2010 to take my wife with me and back in London with my wife on 22nd Aug 2010. (7 days absence)
10) Went to Geneva on 21st Nov 2010 on work related trip and back in London on 25th Nov 2010. (4 Days- No stamp of UK Entry/Exit, the only stamp is of Exit from Geneva)
11) Went to Pakistan on 24th Dec 2011 with my wife and back in London on 15th Jan 2012. (22 Days absence, has entry and exit stamp)
12) Went to Pakistan on 23rd Dec 2012 and back in London on 27th Dec 2012. (3 Days absence)
No absence after this.

Entry 31 Days after visa started. (in 2009)
Total Absences in 2010 – 78 Days (4 days are business related)
Absence in 2011/12 - 22 Days
Absence in 2012/13 - 3 days
Total absences in 5 years - 103
Time elapsed before entering in UK – 31 days.

I will be applying for ILR in Oct 2014. Few Question occurring to me
Are my absences OK since most of them took place in 2010 while I was not in employment?
Will Casework argue that you entered in UK only for 1 or days during those absences and does it make a difference?
If my absences are OK:
1) Should I apply for ILR in Nov 2014?
2) What time should I apply for ILR in Nov 2014 (28 Days before expiry)?
3) What if I don’t get ILR, will I have option of extending my Tier 1?
If my absences are not OK:
4) Should I apply early for my extension and apply for another extension in 2014 and then apply for ILR in 2015?
Last – Should I apply in person or by post at time of ILR given my situation?

I do have Airline Tickets and my job documents/payslips of my job in Ireland that it finished on 26th Feb 2010. Also I have confirmations/emails of my interviews in UK mentioned above. Also I have statement showing that I was in UK from 30th Dec 2009, and I have few transaction made to my account during those period to back it up.

I see there are many people on this forum who have very good knowledge and have been through such situations. I would really appreciate if you could please shed some light on the questions.

Just to let you know I am employed (No limited Company), achieve more than points required.

Sorry for so many question and thanks for sparing time to read this.
Thanks and Regards
Imran