ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

5 years continuous residence

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

Locked
spirit123
Newly Registered
Posts: 5
Joined: Thu Oct 22, 2015 10:39 am

5 years continuous residence

Post by spirit123 » Thu Oct 22, 2015 10:48 am

I checked several posts but didn't get concrete answer, can you please help me ?

My visa start date is Jan 5th 2011
Came to UK on Feb 5th 2011 (after about 30 days)
Searched for job and got offer.
Went back home Feb25th and came back to UK join the new company on Mar15th.

When I came to UK first, I was in a job employed in India took leave and came here and also after I secured the job I went back to serve notice period. Is my continuous residence broken

Should I apply on Dec 10th (28 days before first entry) or (Feb 15the something)

spirit123
Newly Registered
Posts: 5
Joined: Thu Oct 22, 2015 10:39 am

Re: 5 years continuous residence

Post by spirit123 » Mon Nov 02, 2015 10:44 am

can anybody reply to this? I have to book appointment soon, otherwise I have to postpone my ilr and extend my wife's dependent visa for 2 months which is going to be costly.

FYI I am in Tier1 general visa and I am worried mainly on this clause:
Employment outside of the UK
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. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year.

Is my initial travel will be a break or part of 180 days thing?

physicskate
Diamond Member
Posts: 1605
Joined: Tue Oct 30, 2012 10:46 am

Re: 5 years continuous residence

Post by physicskate » Mon Nov 02, 2015 8:20 pm

spirit123 wrote:
When I came to UK first, I was in a job employed in India took leave and came here and also after I secured the job I went back to serve notice period. Is my continuous residence broken

Should I apply on Dec 10th (28 days before first entry) or (Feb 15the something)

You can apply 28 days before you were first granted the visa as you entered within 90 days.

Were you absent for more than 180 days doing work which meant you had 'severed ties' to the UK? No... so this doesn't apply to you!

spirit123
Newly Registered
Posts: 5
Joined: Thu Oct 22, 2015 10:39 am

Re: 5 years continuous residence

Post by spirit123 » Mon Nov 02, 2015 11:28 pm

Thanks Physicskate, thats reassuring.

Do I need to mention I was serving notice period when I went back to India ?
If so will the below clause affect me ?
----------
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.
-------

I didn't break the 180 days rule. I am only concerned about the initial entry

Piyaji4200
Junior Member
Posts: 86
Joined: Mon Jun 17, 2013 2:12 pm
Mood:
United Kingdom

Re: 5 years continuous residence

Post by Piyaji4200 » Thu Nov 19, 2015 2:58 am

yes you can apply 28 December you will be ok

Locked