ILR - Queries around Eligibility

[AksJohn]

My husband received his Tier-1 General visa in Nov 2008 for 3 years. It was extended for 2 years in Nov 2011 and now expires in Nov 2013. He is eligible for ILR to the best of our knowledge. However here are a few queries.

1. He did not start working until end of March 2009. Will these initial few months of no income affect eligibility?

2. He entered the UK within a week of receiving the entry clearance. However in the first two months he had three absences from UK.
(a) For 4 days in France, winding up his stay post study. Also attending campus interview for a job in London.
(b) For 4 days in France, winding up his stay post study.
(c) For 31 days of which 8 days in France winding up stay post study, then going to India for a holiday with family for 23 days.
Will these absences be a problem and break the continuous period of residence?

3. He was away on a holiday in India in July 2009 for 18 days. At this time he was contracting and this holiday was partly paid and partly unpaid. Will unpaid leave affect eligibility?

Any help in clarifying this will be greatly appreciated.

Many thanks in advance.

[Damanisshallo]

My husband received his Tier-1 General visa in Nov 2008 for 3 years. It was extended for 2 years in Nov 2011 and now expires in Nov 2013. He is eligible for ILR to the best of our knowledge. However here are a few queries.

1. He did not start working until end of March 2009. Will these initial few months of no income affect eligibility?


2. He entered the UK within a week of receiving the entry clearance. However in the first two months he had three absences from UK.
(a) For 4 days in France, winding up his stay post study. Also attending campus interview for a job in London.
(b) For 4 days in France, winding up his stay post study.
(c) For 31 days of which 8 days in France winding up stay post study, then going to India for a holiday with family for 23 days.
Will these absences be a problem and break the continuous period of residence?



3. He was away on a holiday in India in July 2009 for 18 days. At this time he was contracting and this holiday was partly paid and partly unpaid. Will unpaid leave affect eligibility?


Any help in clarifying this will be greatly appreciated.

Many thanks in advance.

No, He should be fine

[Amber]

The employers have said that they cannot provide absence letter showing the days of leave. Is this okay? What other documents can be submitted as an alternative?

The application for ILR is on the basis of 5 years on Tier-1 General.

No letter required if absences < 180.

Hi

What is source of this info that no proof is required if absence < 180?

Thanks

[Damanisshallo]

For the Tier 1 (Investor), Tier 1 (Entrepreneur), Tier 1 (Exceptional talent) and highly skilled migrant (applying under Appendix S of the rules) categories there is no requirement to give a reason for absences if they do not exceed 180 days in any of the five, four, three or two consecutive 12 month periods of the continuous period, depending on the category, counted backwards from the date of application for indefinite leave to remain (ILR).

[AksJohn]

For the Tier 1 (Investor), Tier 1 (Entrepreneur), Tier 1 (Exceptional talent) and highly skilled migrant (applying under Appendix S of the rules) categories there is no requirement to give a reason for absences if they do not exceed 180 days in any of the five, four, three or two consecutive 12 month periods of the continuous period, depending on the category, counted backwards from the date of application for indefinite leave to remain (ILR).

But this doesn't include Tier-1 General. For Tier-1 general Part 6A says
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

245CD. Requirements for indefinite leave to remain
(j) The applicant must provide the specified documents in paragraph 245CD-SD to evidence the reason for the absences set out in paragraph 245AAA

245CD-SD Specified documents
(a) For periods where the applicant was in employment in the UK, a letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.

[rkd]

Hi Aksjohn,

Could you please tell me what was the outcome of your husband ILR aplication in with paid and unpaid absence.

Regards,
rkd