180 Days out of UK: my peculiar case

[HelpThisPerson]

Hello,
I got my Tier 1 General Migrant in Aug 2009 for 3 years till July 2012. However I was out of the UK for about 1 year (slightly more) from Dec 2009-Feb 2011. I came back in last week of Feb 2011 to the UK and applied for an extension in July 2012. I got an extension till July 2014 (2 years). Since I did not have 5 continuous years of residence in July 2014 I applied for another extension of tier 1 instead of ILR. This is now till July 2016. Now I will finish my 5 continous years in Feb 2016 end (March 2011-Feb 2016).

Now I have not gone out from the UK from end Feb 2011 till now and definitely dont plan to do so till Nov 2015. Now can I apply for ILR in Nov 2015 because if I calculate backwards from Nov 2015, I will be starting my 5 continuous years calculation from Nov 2010. And then the number of days outside UK will be Nov 2010-Feb2011 which will be 120Days which is less than 180 Days.

So my question again, can I apply for ILR in Nov 2015 instead of March 2016 (maybe even earlier) or will the caseworker consider the 1 year gap too long and require me to start my calculation from March 2011?

Thanks in advance!

[HelpThisPerson]

Add on question: for Tier 1 General Migrant, is it required to provide explanation for any period not in the UK if that period is less than 180 days?

[manci]

Hello,
I got my Tier 1 General Migrant in Aug 2009 for 3 years till July 2012. However I was out of the UK for about 1 year (slightly more) from Dec 2009-Feb 2011. I came back in last week of Feb 2011 to the UK and applied for an extension in July 2012. I got an extension till July 2014 (2 years). Since I did not have 5 continuous years of residence in July 2014 I applied for another extension of tier 1 instead of ILR. This is now till July 2016. Now I will finish my 5 continous years in Feb 2016 end (March 2011-Feb 2016).

Now I have not gone out from the UK from end Feb 2011 till now and definitely dont plan to do so till Nov 2015. Now can I apply for ILR in Nov 2015 because if I calculate backwards from Nov 2015, I will be starting my 5 continuous years calculation from Nov 2010. And then the number of days outside UK will be Nov 2010-Feb2011 which will be 120Days which is less than 180 Days.

So my question again, can I apply for ILR in Nov 2015 instead of March 2016 (maybe even earlier) or will the caseworker consider the 1 year gap too long and require me to start my calculation from March 2011?
as long as your absence in the first year of the qualifying period (Nov 10 - Nov 11) is less than 180 days you comply with the rules as far as absences are concerned. See p20:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Thanks in advance!

[HelpThisPerson]

Thanks that makes it clear. Also the second question. As a Tier 1 General Migrant do I need to give reasons for my absence?

[manci]

Thanks that makes it clear. Also the second question. As a Tier 1 General Migrant do I need to give reasons for my absence?

yes, continue reading to p22 of the document linked above:
Tier 1 (General) applicants who are self-employed or in business must provide a letter of explanation of their business-related absences.
the general requirements are here:
https://www.gov.uk/government/uploads/s ... _6a_01.pdf

[middletier 1]

Hi Manci,

I am also in the same boat as 'HelpThisPerson'. please find my absences as below and advise me please;

I have got my Tier 1 G visa valid from Nov'09 and I came to UK on Jan'10 and below are my absences;
Date From --- Date To ---- Days Outside The UK
26-Mar-10 ----- 27-Jun-10 ---- 92
09-Jul-10 ----- 07-Nov-10 ----- 120
14-Nov-10 ----- 13-Aug-11 ----- 271
Now I will finish my 5 year period by Apr-2016 (Apr'11 to Apr'16), I have back calculated from Apr'11 instead of Aug'11 and I counted as below;

Apr'11 to Apr'12 - 1 year (119 days out of UK)
Apr'12 to Apr'13 - 2 year (24 days out of UK)
Apr'13 to Apr'14 - 3 year (20 days out of UK)
Apr'14 to Apr'15 - 4 year (29 days out of UK)
Apr'15 to Apr'16 - 5 year (6 days out of UK)

The reason for 119 days absences: I was actively looked for contracting jobs and got evidences of emails for telephonic interviews and got an offer in July'11, thus started all the paperwork and came back to UK on 13 Aug'11 and joined the contract and also opened the company as well. So I am thinking as the absences period is 119 days only for 1 year so I am eligible for ILR in Apr'11 with the above reasons. And I am thinking to apply in Mar'16 as I can apply 28 days before.

Please advise me
Thanks

[manci]

Hi Manci,

I am also in the same boat as 'HelpThisPerson'. please find my absences as below and advise me please;

I have got my Tier 1 G visa valid from Nov'09 and I came to UK on Jan'10 and below are my absences;
Date From --- Date To ---- Days Outside The UK
26-Mar-10 ----- 27-Jun-10 ---- 92
09-Jul-10 ----- 07-Nov-10 ----- 120
14-Nov-10 ----- 13-Aug-11 ----- 271
Now I will finish my 5 year period by Apr-2016 (Apr'11 to Apr'16), I have back calculated from Apr'11 instead of Aug'11 and I counted as below;

Apr'11 to Apr'12 - 1 year (119 days out of UK)
Apr'12 to Apr'13 - 2 year (24 days out of UK)
Apr'13 to Apr'14 - 3 year (20 days out of UK)
Apr'14 to Apr'15 - 4 year (29 days out of UK)
Apr'15 to Apr'16 - 5 year (6 days out of UK)

The reason for 119 days absences: I was actively looked for contracting jobs and got evidences of emails for telephonic interviews and got an offer in July'11, thus started all the paperwork and came back to UK on 13 Aug'11 and joined the contract and also opened the company as well. So I am thinking as the absences period is 119 days only for 1 year so I am eligible for ILR in Apr'11 with the above reasons. And I am thinking to apply in Mar'16 as I can apply 28 days before.
absences seem OK but the caseworker will no doubt examine the reasons. Re. the date of application note (p20 in the doc linked above):
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period. However, the specified continuous period is always counted backwards from the date the ILR application is submitted.

Please advise me
Thanks

[middletier 1]

Thanks Manci,
Please let me know whether do you think the reason which I was mentioned seem ok ? in terms of economic activity since I have the employment from Aug'11 thus I have the P60 for the year 2011-12 as well. Only the first 4 months (Apr'11 to July'11) out of job, but actively looking for job and contract started from Aug'11 and started my own ltd company. Since then till now contract going on but may not extend after Dec'15, thus want to apply in Mar'16 with the above reason for long absence. Any suggestions/comments highly appreciated.
Thanks

[HelpThisPerson]

Hello Manci/Gurus
"middletier 1"s question is relevant for me too. Nov 2010-Feb2011 (120Days) when I was out of the UK I was also looking for a job and like "middletier 1" I can just have emails/application feedbacks to show as evidence. Will it work?

[HelpThisPerson]

Hello,
I had Tier 1 General Migrant work permits as follows

31 Aug 2009 - 31 Aug 2012 (3 years) - entered the UK in Mar 2011
31 Aug 2012- 31 Aug 2014 (2 years)
10 May 2014- 10 May 2016 (still valid)

Question 1: I do not find point based calculator for Tier 1 General Migrants in the list while I am calculating points for ILR application. Please let me know if I need to look somewhere else.

Question 2: in the SET(O) form page 36 (section A7) there are two sets of ranges for point calculation:
Applications for indefinite leave to remain where an applicant has had leave as a Writer, Composer or Artist, Self-employed lawyer, or as a Tier 1 (General) migrant under the rules in place before 6 April 2010:
this set of ranges have more points for lesser earnings
Applications for indefinite leave to remain where previous leave as a Tier 1 (General) migrant was granted under the rules in place on or after 6 April 2010:
this set of range has less points compared to the other set.

for the first 3 years I had tier 1 general Migrant " under the rules in place before 6 April 2010" so does this mean that ranges in set 1 are relevant for me?

[CR001]

I can answer question 1. There is no longer an option for Tier 1 G on the PBS Calculator. You can use Tier 2 G instead.

[secret.simon]

Question 2: in the SET(O) form page 36 (section A7) there are two sets of ranges for point calculation:
Applications for indefinite leave to remain where an applicant has had leave as a Writer, Composer or Artist, Self-employed lawyer, or as a Tier 1 (General) migrant under the rules in place before 6 April 2010:
this set of ranges have more points for lesser earnings
Applications for indefinite leave to remain where previous leave as a Tier 1 (General) migrant was granted under the rules in place on or after 6 April 2010:
this set of range has less points compared to the other set.

for the first 3 years I had tier 1 general Migrant " under the rules in place before 6 April 2010" so does this mean that ranges in set 1 are relevant for me?

If you were initially granted entry clearance or leave to remain in the T1G route in August 2009 and you have never been on any other leave to remain category since, then the points calculation under the rules in place before 6th April 2010 will apply to you.

It is a broad principle in immigration law that the rules that applied when you first got onto the settlement route continue to apply all the way to settlement (that is, ILR, not citizenship). So, you will be evaluated on the same points system as when you first got the T1G entry clearance.

After 2010, the points requirements were changed to make it tougher for people to get T1G visas, hence the differences in points that you see.

[HelpThisPerson]

Thanks secret simon!

[HelpThisPerson]

Hello,
I am on Tier 1 General and taking a date for ILR application. 2 things are unclear to me and I searched the forum and the govt website for answers (sorry if this is repeat)

1. I once drove into a london congestion charge zone and paid the fees before midnight same day. I recieved a PCN at home after some days. So I checked my payment reciept and I realised I had put my car reg number wrong (one letter wrong) while payment so I called up the telephone number on the notice and explained the situation. The person on the other end of the phone was very kind and he canceled the notice asking me to be careful next time. Do I need to declare this in SET(O)?

2. In nov 2014 I was involved in a car accident. There was no personal injury to anyone., we both exchanged numbers and then I talked to my insurance company. It was not my fault and I understand there was a bit of talking between the insurance companies of both of us to fix the blame for a few months.But there were no witnesses and so my insurance company said to accept 50% responsiblity instead of taking matter to court. I agreed as it was stretching on for a bit too long and finally 50% responsibility was settled for, no court involved.

> Do I need to mention any of this in SET(0).
> Do I need to get any documents from the insurance company for point 2.
> Do I need to get any letter from council about congestion charge incidence.

regards

[Casa]

No to all.

[HelpThisPerson]

Thanks Casa, that was quick, precise and useful!

[Casa]

Pleased to be able to put your mind at rest.

[geriatrix]

Keep your ILR queries in a single topic.

[HelpThisPerson]

Hello, I just gave the IELTS life skills B1 exam for my ILR and on the test report certificate I cannot find anything like "SELT unique electronic reference number". There is

UKVI number IEL/09012016/IN331/212810
(number above is made up but is in this format IEL/testdate/centrecode/candidatenumber)

then there is
Test Report Form number
15IN212810HAMP3312 (made up but in this format)

Which number should I put. is it one of the above?(which one?) or something different.

[HelpThisPerson]

Hello I got ilr yesterday
My wife did not apply since she does not qualify yet

I kept my documents simple ...
Salary slips
Bank statements
Employer letter for leaves wherever available
Life in uk cert
Life skills b1 cert
Passport
Brp
Other documents not needed ..provided in prev application

Thanks to this forum for the invaluable guidance

[middletier 1]

HI Helpthisperson,
Congrats on your ILR,
can you share how did you explain your absences,
your previous post states as "middletier 1"s question is relevant for me too. Nov 2010-Feb2011 (120Days) when I was out of the UK I was also looking for a job and like "middletier 1" I can just have emails/application feedbacks to show as evidence. Will it work?

it seems it worked then, please share the information and did you applied by post or PEO?
Thanks