ILR Application - question about 5 years continuous stay

[minaminou]

Hello Guys,

I need an expert's opinion here please.

In my first year (first 12 months of the 5 years period), I was out of UK for like 120 days as I kept returning to my home country as I couldn't secure a job.
Since then, I haven't exceeded the 30 days of annual leaves in each year.

Would that be valid??? Since I didn't exceed 180 days in any 12 consecutive months?

If it's valid, what should I state as reason for absence? since it's not work related absence!
Please advise urgently.

Thanks.

[minaminou]

Rule1:
From the Immigration Rules - Part_6A - 245CD-SD Specified documents (Page 11)

https://www.gov.uk/government/uploads/s ... MASTER.pdf


(b) For periods where the applicant was self-employed or in business in the UK, or looking for
work or setting up in business in the UK, a personal letter from the applicant detailing the
purpose and period of absences in relation to those activities.

but

Rule2:
From Indefinite leave to remain: calculating continuous period in UK - Page 22

https://www.gov.uk/government/uploads/s ... eriods.pdf

If the absences are connected to other employment outside the UK, which demonstrates the
UK employment is secondary, these are not permitted absences, and the continuous period
requirement is broken.


So, which rule would you think my case would fall into?
Please advise.
Thanks.

[minaminou]

Hello Guys,

Any feedback please would be appreciated...

I am planning to apply in a week time...But I don't want to get refusal...
So, your comments would really help..

I just need clarification so that I am on the safe side.

Thanks.

[minaminou]

Based on the FAQ page:

http://www.immigrationboards.com/indefi ... 79378.html

Q16 - Maximum absences from the UK (economic migrants)
No more than 180 whole days absence are allowed in any of the five (Tier 1 General) consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR). The specified continuous period is counted backwards from the date of the ILR application.

b) If you have time in the UK as a "not-sponsored" migrant under certain immigration categories - Tier 1 (General) - then absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons.

I need to confirm that my absences were for reasons connected to my purpose...
I was absent because I was looking for work - I couldn't afford living in the UK without being paid ...
Can someone please advise if that would be OK to apply or not?

Thanks.

[minaminou]

Please guys ...any answer is really appreciated.

In Indefinite leave to remain: calculating continuous period in UK - PAGE 19-20
https://www.gov.uk/government/uploads/s ... eriods.pdf

"Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason"
"However, time spent away from the UK for extended periods, particularly if the business no longer exists, would not be allowed."


What's the definition of extended periods? How many days?
Are my absences related to my original purpose of entry? I am on Tier1 General Migrant

In my first year, I was away for like 50 days, then 40 days then 20 days ....(less than 180 days)...
I couldn't secure a job at the time....so I returned back to my home country till I was able to secure ....

Please ...I need your help...
Thanks.

[Amber]

That's not a exceptional circumstances reason. See if you can rearrange the date of application so that absences per 12 month period are less than 180 days.

[minaminou]

Hello Amber,

Thanks for your reply.

But the absence was not more than 180 days at any 12 months period.
The max was 120 days for the 1st 12 months period...but around 100 days out of these, I wasn't employed yet. I was still looking for work.
Could that be a problem?

Please advise back.
Thanks.