Can I apply for ILR ?

npelr2009 · Post by **npelr2009** » Fri Jan 18, 2013 5:02 pm

Ok So i am in UK working for a company for 4 years. Now my company is sending me to Belgium for installation at the clients site for a period of 12 months. I will be returning a month before work permit expiry. Do u think I will able to apply for ILR then? Please let me know, so that I can inform my employer about the same.
But if my employer insists that I must go, can anyone suggest me how to go around working in Belgium at the clients site.
By the way I will get paid in £'s in my current UK Bank.

Thanks

cs95tdg · Post by **cs95tdg** » Fri Jan 18, 2013 8:01 pm

With the very limited information you have provided, it will be very difficult for anyone to comment on what you have asked.

Therefore, reading the SET(O) form & guidance (if you are applying as a economic migrant), continuous residence requirements and immigration rules will be a good starting point.

Forms & Guidance: http://www.ukba.homeoffice.gov.uk/visas ... tiontypes/

Continuous Residence Requirements Guidance: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Immigration Rules: http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

ramadnk · Post by **ramadnk** » Fri Jan 18, 2013 8:06 pm

Hello there, I have a case where I was in the UK but not working for any company (for 4 months), this was when I come to UK for first time, will this be counted for 5 years stay in the country.

dhiru23 · Post by **dhiru23** » Fri Jan 18, 2013 9:04 pm

how many days have you spend out of UK already in the current 4 years..

if you want to keep your application clean & simple recommend to stay here & travel to belgium ocassionally keeping yourself in the 180 day limit.. & not exceding more than 90 days in any single trip

& if you are in Tier 2 then do collect employer letter for business trip

uksettlement · Post by **uksettlement** » Fri Jan 18, 2013 9:09 pm

90 days at a stretch is no longer considered...

http://www.whatdotheyknow.com/request/c ... ermited_ab

wpilr_nov12 · Post by **wpilr_nov12** » Fri Jan 18, 2013 10:58 pm

1. From the date of your planned application for ILR, break your 5 years into 5 pieces of 12 month periods each.

2. You should not be away from the Uk for more than 180 days during each of those 12 month periods.

3. Departure and arrival dates are not counted in your absent days.

4. No exceptions for weekend days. Every complete day out of the UK counts as absence.

5. Per current rule, you will need your absences documented and certified by your employer.

npelr2009 · Post by **npelr2009** » Sat Jan 19, 2013 2:44 am

Thanks a lot guys,

Thanks wpilr_nov12,

Now I have a question. I have read all the rules posted on the link above. Based on that I realise that I shouldnt be out of UK for more than 180 days every year.

This is what I plan to do. If I travel from UK to Brussels on SUNDAY and be back to UK on FRIDAY every week, does it mean that I am outside UK only 4 days a week (discarding SUNDAY, FRIDAY as travel days and SATURDAY). Just a bit confused about weekend days. Please confirm. Thanks!!

ramadnk · Post by **ramadnk** » Sat Jan 19, 2013 4:42 pm

Hi, I want all your opinion on applying for settlement in September 2013, below are my details,
entered UK on Tier 1 general,
1, Visa valid from 20 Oct 2008, entered UK on 10 Nov 2008.
2, Applied for jobs and attended few interviews and got selected for a company, but took time for reference check.
3. mean while I was in india starting from 23 March 2009 to 27 July 2009 ( 4 months).
4. since 27th July 2009, I am outside the UK only for annual paid leaves (less than 45 days every year).

Please post your opinion regards to my case.

Thanks in advance...

cs95tdg · Post by **cs95tdg** » Sat Jan 19, 2013 5:12 pm

ramadnk wrote:Hi, I want all your opinion on applying for settlement in September 2013, below are my details,
entered UK on Tier 1 general,
1, Visa valid from 20 Oct 2008, entered UK on 10 Nov 2008.
2, Applied for jobs and attended few interviews and got selected for a company, but took time for reference check.
3. mean while I was in india starting from 23 March 2009 to 27 July 2009 ( 4 months).
4. since 27th July 2009, I am outside the UK only for annual paid leaves (less than 45 days every year).

Please post your opinion regards to my case.

Thanks in advance...

Please create your own topic, as you are hijacking the OP's thread by posting here.

cs95tdg · Post by **cs95tdg** » Sat Jan 19, 2013 5:15 pm

npelr2009 wrote:If I travel from UK to Brussels on SUNDAY and be back to UK on FRIDAY every week, does it mean that I am outside UK only 4 days a week (discarding SUNDAY, FRIDAY as travel days and SATURDAY). Just a bit confused about weekend days. Please confirm.

Yes, correct. In the above example the number of days you are absent would be 4 (I.e. Monday - Thursday), because the departure and arrival date are not considered absences when calculating the total number. Note that this is irrespective of whether the day was a week day or weekend.

npelr2009 · Post by **npelr2009** » Sat Jan 19, 2013 6:14 pm

cs95tdg wrote:
npelr2009 wrote:If I travel from UK to Brussels on SUNDAY and be back to UK on FRIDAY every week, does it mean that I am outside UK only 4 days a week (discarding SUNDAY, FRIDAY as travel days and SATURDAY). Just a bit confused about weekend days. Please confirm.
Yes, correct. In the above example the number of days you are absent would be 4 (I.e. Monday - Thursday), because the departure and arrival date are not considered absences when calculating the total number. Note that this is irrespective of whether the day was a week day or weekend.

Thanks cs95tdg. Your response encourages me a lot. I hope the new rule of 180 days a year doesn't change dramatically by next Sep 2014, as that would be the time for me to apply ILR. Still a long way to go for me, but I like to be prepared. Thanks so much

wpilr_nov12 · Post by **wpilr_nov12** » Sun Jan 20, 2013 12:41 am

cs95tdg wrote:
npelr2009 wrote:If I travel from UK to Brussels on SUNDAY and be back to UK on FRIDAY every week, does it mean that I am outside UK only 4 days a week (discarding SUNDAY, FRIDAY as travel days and SATURDAY). Just a bit confused about weekend days. Please confirm.
Yes, correct. In the above example the number of days you are absent would be 4 (I.e. Monday - Thursday), because the departure and arrival date are not considered absences when calculating the total number. Note that this is irrespective of whether the day was a week day or weekend.

Additionally, you could take an early morning Eurostar on Monday to Brussels, you would cut your absences by further 25%.

npelr2009 · Post by **npelr2009** » Sun Jan 20, 2013 1:04 am

wpilr_nov12 wrote: Additionally, you could take an early morning Eurostar on Monday to Brussels, you would cut your absences by further 25%.

Thanks for the suggestion wpilr_nov12. I can't as I have to travel 2 hours further from Brussels. I think I will be in a unique situation, wherein, I will have too many entry stamps on my passport. Wonder what will the Home Office make of minimum 200 entry/exit stamps???
If I am being honest, I only have to do to/fro journeys from London to Belgium so as to keep my job and ensure I don't spend more than 180 days out of UK. Will this be an issue? Will the Home Office doubt my intentions?
Also I will be staying at my close friends house while in London, in which case I won't have to pay the rent for my stay in UK. Will the Home Office ask me for rent payment proofs while in London?
Any suggestions will be helpful.

wpilr_nov12 · Post by **wpilr_nov12** » Sun Jan 20, 2013 1:34 am

We have missed the most important question of all. -- what is your current visa?

npelr2009 · Post by **npelr2009** » Sun Jan 20, 2013 1:41 am

wpilr_nov12 wrote:We have missed the most important question of all. -- what is your current visa?

Sorry I forgot to mention my details, Here they are:

Tier 2 Visa Granted - 14 Sep 2009
Came to UK - 30th Sep 2009
Tier 2 Renewal - July 2012 (Got a Pink Card - Residence Permit - Took My Biometrics) Valid until 3rd Oct 2014.

I have a PhD in Mechanical Engg and been working as a Prod Engineer since my arrival in UK. So far I have spent only 95 days outside of UK (15 days of which were for business purpose) since my arrival in UK (30 Sep 2009).

I have a clean sheet, working for the same employer, single person, and salary approx 24000£

Will I have any problems when I apply for ILR around 19th August I presume?

Thanks.

wpilr_nov12 · Post by **wpilr_nov12** » Sun Jan 20, 2013 2:07 am

When is the Brussels assignment planned for, when is it going to end ?

npelr2009 · Post by **npelr2009** » Sun Jan 20, 2013 2:12 am

wpilr_nov12 wrote:When is the Brussels assignment planned for, when is it going to end ?

At the moment it seems anytime between 1st August to 15th Spetember. Its a project until the end of Dec 2014. But my director is willing to help me by allowing to return to UK every Friday and return to Brussels on Sunday. Of course I will also have 25 days of paid leave which I can take between 1st October 2013 to 30th September. All in all it seems that if I do travel back and forth from Brussels to London every week. I will be able to prove that I wasn't outside of UK for more than 170 days in my 5th year.

wpilr_nov12 · Post by **wpilr_nov12** » Sun Jan 20, 2013 2:23 am

You will need all the supporting docs from your employer. Per current rules for T2, all absences need to be validated and vouched for by employer.

npelr2009 · Post by **npelr2009** » Sun Jan 20, 2013 5:45 am

wpilr_nov12 wrote:You will need all the supporting docs from your employer. Per current rules for T2, all absences need to be validated and vouched for by employer.

Thanks for the response wpilr_nov12. My employer will do all it takes to help me get ILR.
Could you please let me know, if the excessive multiple entry/exit stamps will be a problem (even though I won't be outside of UK for more than 170 days) ??
Also will the Officer ask me proofs of my rent payments while in London (coz I wont have any as I would be residing at my friends place ??
If everything should be ok, according to you, how early can I apply for ILR appointment at Croydon?

Thanks

wpilr_nov12 · Post by **wpilr_nov12** » Sun Jan 20, 2013 11:20 pm

npelr2009 wrote:
wpilr_nov12 wrote:You will need all the supporting docs from your employer. Per current rules for T2, all absences need to be validated and vouched for by employer.
Thanks for the response wpilr_nov12. My employer will do all it takes to help me get ILR.
Could you please let me know, if the excessive multiple entry/exit stamps will be a problem (even though I won't be outside of UK for more than 170 days) ??
Also will the Officer ask me proofs of my rent payments while in London (coz I wont have any as I would be residing at my friends place ??
If everything should be ok, according to you, how early can I apply for ILR appointment at Croydon?

Thanks

the latter part of the question is too early now.

For the first part, you might want to 'firmalize' your arrangement with your friend by doing some paperwork on it. Similar to a rental agreement, but fully customised to your need.

npelr2009 · Post by **npelr2009** » Mon Jan 21, 2013 6:18 am

wpilr_nov12 wrote: For the first part, you might want to 'firmalize' your arrangement with your friend by doing some paperwork on it. Similar to a rental agreement, but fully customised to your need.

Just a question. Will the rental agreement for the last 6 months immediately preceding my ILR appointment date, be enough? Or should I prepared to show the officer my entire rental history for the 1 year / 5 years?
Thanks once again !

na2316 · Post by **na2316** » Mon Jan 21, 2013 11:57 am

Hi All,

Looking for an urgent response. Much appreciated.

I am currently on Tier 1 General Migrant visa and am going to apply for ILR .

I have NOW completed exactly 5 years (Work permit + Tier 1 General Migrant + Tier 1 Extension)

my current Tier 1 extension is going to expire Next year 2014.

Can i apply now (as 5 years have completed), or do i need to wait for the current leave to expire in 2014?

Many Thanks

cs95tdg · Post by **cs95tdg** » Mon Jan 21, 2013 12:16 pm

Provided that you meet all other ILR requirements including absences then:

a) If you first entered the UK within 3 months of EC, then you would be eligible to apply from up to 28 days before the 5th anniversary from your EC date.

b) If you entered after 3 months then your 5 year ILR clock would begin from your date of first entry.

Note that, you should not & do not need to wait until your current leave to remain expires.

na2316 · Post by **na2316** » Mon Jan 21, 2013 12:30 pm

Thanks cs95tdg for a prompt reply.

You mentioned that:

Note that, you should not & do not need to wait until your current leave to remain expires.

Q) My 5th anniversary from the EC date has just passed (i.e. 5 years already completed);;;

Should I have applied (was it mandatory) 28 days before My 5th anniversary or i can apply any time after My 5th anniversary (before current visa expire in 2014) ?

Many thanks

cs95tdg · Post by **cs95tdg** » Mon Jan 21, 2013 12:33 pm

na2316 wrote:Should I have applied (was it mandatory) 28 days before My 5th anniversary or i can apply any time after My 5th anniversary (before current visa expire in 2014) ?

No, that was just the earliest date you would have been eligible to apply. Technically, you can apply any day now - if you have already completed the 5 year residence requirement.

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Can I apply for ILR ?

Can I apply for ILR ?

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