urgent advise required

[ramanvirk]

hello senior members

can anyone help please?

hi there

I am applying for ILR in Jan 2013 ( I was on HSMP+tier 1) and would like to get some clarity if my husband can apply for ILR at the same time as me

he has been my dependent since 13th septmeber 2012(applied for entry clearance in Jan 2012 from india, but was refused filed appeal, won and was issued visa on 13th sept 2012) However we have both have lived together in UK for 2 yrs. He was on student visa in UK before i applied for his spouse visa.

my query is becoz we have lived together for 2 yrs,Is he eligible for ILR? OR he still has to apply for another extension and then ILR.
Also if he has to apply for extension do we have to make a separate appointment for him or he can go with me on the same day?

In addition to this one last query regarding my ILR- i have calculated my absences below according to the calender months. please have a look and advise i will be OK for ILR
I was granted hsmp-25/01/2008 and my ILR PEO appointment is 24/01/2013.

Year 1 24 Jan 2013-23 January 2012 24 days Annual leave(AL)
Year 2 24 Jan 2012-23 January 2011 43 days AL
Year 3 24 Jan 2011- 23 January 2010 62 days
Year 4 24 Jan 2010-23 January 2009 69 days
Year 5 24 Jan 2009- 23 January 2008 47 days

I would appreciate if you could provide some clarity.
Regards
raman

[kiranchinnu]

hello senior members

Hello OP , I am not senior member but would like to answer your questions.
can anyone help please?

hi there

I am applying for ILR in Jan 2013 ( I was on HSMP+tier 1) and would like to get some clarity if my husband can apply for ILR at the same time as me

he has been my dependent since 13th septmeber 2012(applied for entry clearance in Jan 2012 from india, but was refused filed appeal, won and was issued visa on 13th sept 2012) However we have both have lived together in UK for 2 yrs. He was on student visa in UK before i applied for his spouse visa.

my query is becoz we have lived together for 2 yrs,Is he eligible for ILR? OR he still has to apply for another extension and then ILR.

No he cant apply ILR as your dependant

Also if he has to apply for extension do we have to make a separate appointment for him or he can go with me on the same day?

He has to make separate application . But wait for senior's comment on this.
In addition to this one last query regarding my ILR- i have calculated my absences below according to the calender months. please have a look and advise i will be OK for ILR
I was granted hsmp-25/01/2008 and my ILR PEO appointment is 24/01/2013.

Year 1 24 Jan 2013-23 January 2012 24 days Annual leave(AL)
Year 2 24 Jan 2012-23 January 2011 43 days AL
Year 3 24 Jan 2011- 23 January 2010 62 days
Year 4 24 Jan 2010-23 January 2009 69 days
Year 5 24 Jan 2009- 23 January 2008 47 days

No issues for this absences
I would appreciate if you could provide some clarity.
Regards
raman

[Ramana66]

Hi Kiranchinnu,

A quick clarification on your below point regarding absences. I am going through the forum and have a confusion on one point, as I am seeing different things on the new form, pdf file of Indefinite leave to remain – calculating continuous period in UK and the Immigration rules itself.

I am on T1-G and my details are as below:

T1-G approval received on 20-08-2008
Arrived in UK on 10-10-2008 (51 days between Visa date and first arrival. I know this is okay as it is less than 90 days.

In India from 17 Oct - 24 Nov 08. (38 day absence for meeting family)
In India from 12 Apr - 25 Apr 09 (14 day absence to bring family)
In India from 14 Aug - 3 Sep 10 (19 days for meeting family)
In India from 21 July - 12 Aug 12 (21 Days for meeting family)
Total: 92 days

In addition to above, I also have several business trips (Europe + Asia) totaling 145 days (to save the space, I have not given the details). Longest trip was 33 days and shortest was 1 day. My longest absence from UK is last year for 90 days (comprises of 9 separate busines trips and one family trip). This is the Year 2 of the consecutive period, considering I will be applying for my ILR in Aug 2013. I do have business travel in Year 3 of the consecutive period but, it is under 50 days.

Does above absences will impact by ILR application?

My biggest question is the 180 day outside UK is for each consecutive 12 month period or is it for whole 5 year period for the T1-G applicants. My interpretation is that it is 180 days per each consecutive period of 12 months from below statements on the ILR Continuous Residence calculation Guidance notes.

Page 10
"No more than 180 whole days absence are allowed in ANY of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)." Key word ANY, not total period.

This is further clarified in Page 16 under exceptions (read para 1 & 3)

"Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.

Discretion will only be applied as authorised at senior executive officer (SEO) level.

Time spent overseas due to pregnancy, or maternity, paternity or adoption-related leave is treated the same way as any other absence, that is, within the 180 days in any 12 months".


My business travel is part of the job I am hired for so, I will lose my job if I don't do business travel. I can take a letter from my company (reputed MNC) confirming the business trips and the necessity for my business travel.

Though there is time for my ILR application, I want to be clear.

Also, if any one got the ILR cleared with over 180 days.

Many thanks for your help and clarifications.

Ramana

[wpilr_nov12]

Ramana66, it would help if you posted your query as a new post so that all questions and replies would remain in context, as each applicant is a unique situation.