SET(O) ILR Questions

[bobbmk23]

Hello Members,

I am applying for ILR in few days time. My entry and exit details for last years are as under:

Tier 1 (General)

Leave granted: 03 Jan 2011
Year 1: absence 168 days - I didn't have job in this year
Year 2: absence 22 day - Got a permanent job this year
Year 3: absence 2 days
Year 4 : absence 30 days
Year 5 : absence 22 days
Total absence in 5 years = 244 days

Except for year1, I have had job permanent job throughout my stay in the UK. Although I don't break continuous absence rule in any year i.e. my absence during any year doesn't exceed 180 days, what sort of evidence would Home Office expect me to provide for year 1 (168 days), when I didn't have any job? Shall I just mention in the cover letter that it was family visit for personal reasons? Would that suffice?

For year 2, 3, 4 & 5, my employer will provide me with a letter stating my holidays allowance etc.

Any help is much appreciated!

Regards,
Ahmed

[mulderpf]

I think you will have a hard time explaining the absence in the initial year still contributes to your continuous period as it is likely to have been in contradiction to the reason for your visa. Not all absences below 180 days are allowable - generally they are meant to be for holiday or for business trips overseas. You will need to find evidence that shows that you were living in the UK during this time (rental agreements; council tax bills and other correspondence during this time to prove that the UK was your main residence) and that you were not employed outside the UK.

[O_Relly]

I think you will have a hard time explaining the absence in the initial year still contributes to your continuous period as it is likely to have been in contradiction to the reason for your visa. Not all absences below 180 days are allowable - generally they are meant to be for holiday or for business trips overseas. You will need to find evidence that shows that you were living in the UK during this time (rental agreements; council tax bills and other correspondence during this time to prove that the UK was your main residence) and that you were not employed outside the UK.

I disagree.

Not all absences below 180 days are allowable - generally they are meant to be for holiday or for business trips overseas.

Is there a reference for this somewhere ? Where does it state what the applicant CAN or CANNOT do in the 180 day period outside the UK?

The OP could have been in his home country still in employment while still actively looking for and applying for work in the UK or he could have been a student in this period learning a specific skill which made him more employable.

I personally know at least 2 people who have done this ie traveled and stayed outside the UK for over 120 days since doing a 2 week recce into the UK within the first 90 days of obtaining Tier 1 General visa. They have now successfully gone onto obtain their ILR with no issues.

To OP - Should be no problem, as long as you explain in a cover letter that you were unemployed during that period and there is no employer to certify your letter of absence.

[mulderpf]

It is all over the guidance for calculating continuous period in the UK. 180 is the hard cut off at which point the continuous period is broken regardless of circumstances. Anything between 30 working days per year and 180 days per year needs to be evidenced and needs to be determined that the applicant was in the UK continuously based on the guidance.

For all other categories, absences must be consistent with or connected to the applicant’s
sponsored or permitted employment, or the permitted economic activity being carried out in
the UK, for example, business trips or short secondments.

However, time spent away from the UK for extended periods, particularly if the business no
longer exists, would not be allowed.

You still need evidence where the absences in a 12 month period (as defined above)
exceed 30 working days plus statutory public holidays.

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.

[O_Relly]

For all other categories, absences must be consistent with or connected to the applicant’s
sponsored or permitted employment, or the permitted economic activity being carried out in
the UK, for example, business trips or short secondments.

In this case OP has stated family visit & personal reasons. Now why would that be inconsistent with OPs permitted employment in the UK ? OP did not have a job and was looking out for one. The fact he chose to do that from outside the country is within reason.

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.

There was clearly no UK employment here, to make it secondary, so continuous period requirement is not broken.

The last statement which states, "Absences due to employment, whether related to the applican't job in the UK or not, count towards the 180 day maximum each year"

So clearly the leave was no greater than the 180 day max cap.

There are quite a few successful ILR applicants in this forum where applicants have had varying lengths of absences within the 180 day limit and especially reasons similar to the OP.

However I haven't seen a case where such an absence has been particularly either hard to explain or ILR rejected just because OP spent time outside the country (within the 180 day max cap) and was unemployed.

[aaatech]

Hi bobbmk23 - I'm interested to know outcome of your application. I have booked my appointment on 24/05/2016. I have similar query/confusion, I appreciate if you take time update your ILR decision.
thanks.

[aaatech]

@O_Relly I would like to know if your opinion change over the time. or do you have similar advise for my case as well? appreciate your comment here....
http://www.immigrationboards.com/indefi ... 08763.html

[CR001]

Why are you persistently ignoring the requests to just be patient and follow the forum rules?

Multiple Posts (click)

If you are going to persist in ignoring the forum rules and our requests to keep your questions on the same topic in one place (i.e. this topic), your access to the forum might be restricted. Also, stop tagging your questions (again) onto other users topics.

Most members wait patiently for responses. All members can see when you have posted an update post.