which date to apply for ILR?

M2008 · Post by **M2008** » Fri Nov 09, 2012 8:05 pm

Can anyone please help with below query?

Date of work permit visa issued: 1st Feb 2008
Date of entry to UK: 7th Feb 2008
Current tier 1 visa valid till 4th March 2013

As per 28 days rule for applying ILR, Can I apply on 3rd Jan or 10th Jan 2013?

wpilr_nov12 · Post by **wpilr_nov12** » Fri Nov 09, 2012 10:22 pm

You may submit your application on any day during the 28 days leading to the completion of five years of qualifying stay in the UK.

Post by **geriatrix** » Fri Nov 30, 2012 5:11 pm

M2008 wrote:Hi All,

I am applying for ILR very soon WP (6 months) + remaining as tier 1 (general). I was out of UK for 148 days in last 5 years.

In one single absence of 61 days without pay (I was transferred to Indian office since they do not had any project in UK), during that period I was on tier 1 general.

1. Do I need to mention absence reason as no job or transferred to Indian office or on vacation?

2. Does 2 months without pay impacts my ILR application?

3. Do I need to get letter from my old employer for above absences?

M2008 · Post by **M2008** » Fri Nov 30, 2012 5:20 pm

this topic is different..can you please unlock?

Post by **geriatrix** » Fri Nov 30, 2012 5:36 pm

No.
A "new question" about the "same topic" .. your ILR application ... doesn't warrant creation of a new topic.

Post by **geriatrix** » Fri Nov 30, 2012 5:39 pm

The rules with regards to absences from UK are changing from 13-Dec-12. Wait until then, for the policy guidance to be amended, so that people have more clarity about how UKBA will interpret such absences and what practice will be followed.

wpilr_nov12 · Post by **wpilr_nov12** » Fri Nov 30, 2012 10:41 pm

When was your absence of 61 days? Exact dates.

M2008 · Post by **M2008** » Sat Dec 01, 2012 7:49 am

11th May 2009 - 12th July 2009

kranthi15 · Post by **kranthi15** » Sat Dec 01, 2012 9:33 am

Dear Friend. .. don't worry u are out for only 61days. .. in my case I was out for 77 days.. I got my PR approved... I wrote in reasons column that I went time India for family visit.. they don't bother y u went up to 90 days in one stretch. .. good luck

M2008 · Post by **M2008** » Sat Dec 01, 2012 6:53 pm

thanks kranthi15.

Just worried about how new rules will impact my case, waiting is only option till 13th Dec

M2008 · Post by **M2008** » Thu Dec 13, 2012 9:37 am

No update on Home office site yet

SU2012 · Post by **SU2012** » Fri Dec 14, 2012 11:19 pm

M2008,

I am in same situation as you. I am eligilble to apply for ILR from 10th Feb 2013. I have been out of country for 187 days in total. 80 days I was paid in UK. 107 days sent to India as I did not have projects here. 107 days are not continuous, 84 days in 2010 and 23 days in 2011.

I am confused what should i mention for these days. Project/work related travel to India or family visit.

My details are

8-Mar-2008 till 6-Apr-2009 : Work Permit
6-Apr-2009 till date : Tier 1 General (and extension)

I am looking for guidance from people who will soon be visiting PEO in Dec/Jan.

M2008 · Post by **M2008** » Sat Dec 15, 2012 9:32 am

Hi SU2012,

Do not mention you worked in India during that period with salary paid in India. They will reject based on below wording in rule.

If the absences are in connection with other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.

You have 2 options

1) For Tier 1, Since they have not mentioned anything regarding unpaid vacation or out of job while applicant was out of UK. You better to mention reason as 'to visit family' . If they ask any document at that stage, you can say tier 1 applicant do not require any doc as mentioned in immigration rule (take print out of that)

2) You need show you were out due to serious or compelling compassionate reasons.

No where in immigration law it is mentioned that tier 1 general must be in continuous employment.

If they start rejecting tier 1 applicants based broken employment, lawyers soon will have good cases to defend.

sh1981 · Post by **sh1981** » Thu Dec 20, 2012 2:24 pm

M2008 wrote:Can anyone please help with below query?

Date of work permit visa issued: 1st Feb 2008
Date of entry to UK: 7th Feb 2008
Current tier 1 visa valid till 4th March 2013

As per 28 days rule for applying ILR, Can I apply on 3rd Jan or 10th Jan 2013?

within 28 days before xpiry of visa

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