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Qualifying Period, Absence & Life in the UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Tier1toILR
Newbie
Posts: 43
Joined: Wed Apr 17, 2013 5:00 pm

Qualifying Period, Absence & Life in the UK

Post by Tier1toILR » Thu Apr 18, 2013 12:42 pm

Hello all,

Wondering if you could all shed some light on following queries of mine?

Query 1 (Qualifying Period):
My first successful entry clearance from India was granted on 13th August, 2008 and I entered the UK on 26th September, 2008 ie; 44 Days after entry clearance. I wish to confirm, if first entry to the UK falls within 90 day after entry clearacnce, can I consider first entry clearance, as a qualifying date and apply 28 days before that date, ie; On 16th July, 2013, 28 days before 13th August, 2008 and NOT 28 days before 26th September, 2013.

Query 2 (Absence from the UK):
As per new rule, any absences from the UK should either be a paid holiday, employment / business related or compelling compassionate absence. When I first came to the UK , I was self employed and in December 2008, I had to go back to India for 4 days since my sister gave a birth to baby girl and being very close to her, there was a high expectation for me to be with her. If my niece's birth certificate along with photographs are given along with the explanation for ILR application, will it be considered as part of compelling compassionate absence?

Query 3 (Life in the UK Test):
Both, I and my wife gave Life in the UK test in Jan 2013. However, due to a potential good job opportunity, I extended our VISA since they were due to expire in January 2014 and a new employer had an expectation of minimum 1 year on the VISA. Now my VISA is valid until Jan 2016. My query is that at the time of examination for Life in the UK , we used as a Biometric Card as an identity proof, but since then biometric card number has changed, will this create any issue in my ILR application, although all the other information remains the same.

Your kind help in resolving aforementioned queries is much appreciated.

Tier1toILR
Newbie
Posts: 43
Joined: Wed Apr 17, 2013 5:00 pm

Post by Tier1toILR » Mon Apr 22, 2013 12:27 pm

Any additional info is much appreciated.

Thanks.

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Re: Qualifying Period, Absence & Life in the UK

Post by uksettlement » Tue Apr 23, 2013 8:02 am

Tier1toILR wrote:Hello all,

Wondering if you could all shed some light on following queries of mine?

Query 1 (Qualifying Period):
My first successful entry clearance from India was granted on 13th August, 2008 and I entered the UK on 26th September, 2008 ie; 44 Days after entry clearance. I wish to confirm, if first entry to the UK falls within 90 day after entry clearacnce, can I consider first entry clearance, as a qualifying date and apply 28 days before that date, ie; On 16th July, 2013, 28 days before 13th August, 2008 and NOT 28 days before 26th September, 2013.

Query 2 (Absence from the UK):
As per new rule, any absences from the UK should either be a paid holiday, employment / business related or compelling compassionate absence. When I first came to the UK , I was self employed and in December 2008, I had to go back to India for 4 days since my sister gave a birth to baby girl and being very close to her, there was a high expectation for me to be with her. If my niece's birth certificate along with photographs are given along with the explanation for ILR application, will it be considered as part of compelling compassionate absence?

Query 3 (Life in the UK Test):
Both, I and my wife gave Life in the UK test in Jan 2013. However, due to a potential good job opportunity, I extended our VISA since they were due to expire in January 2014 and a new employer had an expectation of minimum 1 year on the VISA. Now my VISA is valid until Jan 2016. My query is that at the time of examination for Life in the UK , we used as a Biometric Card as an identity proof, but since then biometric card number has changed, will this create any issue in my ILR application, although all the other information remains the same.

Your kind help in resolving aforementioned queries is much appreciated.
Query 1: yes

Query 2: the absence was only for 4 days you just need to cover this in your cover letter.

Query 3: no issues with the BIometric card as you will be issued a new one.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

Tier1toILR
Newbie
Posts: 43
Joined: Wed Apr 17, 2013 5:00 pm

Re: Qualifying Period, Absence & Life in the UK

Post by Tier1toILR » Tue Apr 23, 2013 12:16 pm

uksettlement wrote:
Tier1toILR wrote:Hello all,

Wondering if you could all shed some light on following queries of mine?

Query 1 (Qualifying Period):
My first successful entry clearance from India was granted on 13th August, 2008 and I entered the UK on 26th September, 2008 ie; 44 Days after entry clearance. I wish to confirm, if first entry to the UK falls within 90 day after entry clearacnce, can I consider first entry clearance, as a qualifying date and apply 28 days before that date, ie; On 16th July, 2013, 28 days before 13th August, 2008 and NOT 28 days before 26th September, 2013.

Query 2 (Absence from the UK):
As per new rule, any absences from the UK should either be a paid holiday, employment / business related or compelling compassionate absence. When I first came to the UK , I was self employed and in December 2008, I had to go back to India for 4 days since my sister gave a birth to baby girl and being very close to her, there was a high expectation for me to be with her. If my niece's birth certificate along with photographs are given along with the explanation for ILR application, will it be considered as part of compelling compassionate absence?

Query 3 (Life in the UK Test):
Both, I and my wife gave Life in the UK test in Jan 2013. However, due to a potential good job opportunity, I extended our VISA since they were due to expire in January 2014 and a new employer had an expectation of minimum 1 year on the VISA. Now my VISA is valid until Jan 2016. My query is that at the time of examination for Life in the UK , we used as a Biometric Card as an identity proof, but since then biometric card number has changed, will this create any issue in my ILR application, although all the other information remains the same.

Your kind help in resolving aforementioned queries is much appreciated.
Query 1: yes

Query 2: the absence was only for 4 days you just need to cover this in your cover letter.

Query 3: no issues with the BIometric card as you will be issued a new one.
Hi, Thanks for your reply.

However, Query 3: I have new Biometric card already, my query was that when giving life in the UK test, I had a different biometric card, and since new biometric card number has changed will it have any impact on my life in the UK test certificate, though all the information remains the same.

Thanks in anticipation.

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