ILR - Over 180 days away from UK

[rameshrr99]

Hi Everyone,

I am completing 5 year of Tier 2 (general) - SET(O) - I am not sure whether I am Eligible for ILR or Not due to the below reason

I got Tier 2 in Sep 2012 for three years till Dec 2015.
Extended for 2 year more in Dec 2015 to Dec 2017.

sep 2012 - Got my Visa
13 Jan 2013 - 08 Feb 2013 - Paid Annual Leave
09 Feb 2013 - 18 Mar 2013 - Back to UK
19 Mar 2013 - 24 Nov 2013 - Was in India ( 20 Mar 2013 - 30 Jun 2013 working from India got UK salary and from 1 July 2013 - 24 Nov 2013 was on Loss of Pay - back to UK by 24 Nov 2013 and joined the company again)

But I have been away from UK for more than 180 days in year 2013 - I had been in India for about 9 months. Been to India in Mar 2013 and came back in Dec 2013

Reason: My father was very sick and he had an operation during that time, I got married and I was sick too and have medical certificate and marriage certificate

Also I was working from India for about 5 months in that period (got salary in UK bank account) and then was in Loss of Pay for the remaining period - and came back to UK in Dec 2013 and joined my company again

All the time I was in an Valid Tier 2 Visa - I am working with the same employer for more than 7 year since my PSW - Tier 2

My company is ready to provide me a letter stating the above -

My Question: Do I have a chance of getting ILR now If I apply ?

Please let me know if you need more detail regarding the same

Thanks in Advance
Ramesh

[CR001]

You need to calculate your absence in 12 month cycles counting backwards from date you plan to apply for ILR. It is not counted as 'calendar years' to work out the absence.

[rameshrr99]

Thanks for your swift reply

I am afraid Even If I calculate in the cycle starts from Sep 2012 - sep 2013

I am away from UK for more than 220 days of which -

Got Visa in

First year break down

28 Sep 2012 - 12 Jan 2013 (107 Days) - Was in UK
13 Jan 2013 - 08 Feb 2013 (27 Days) - Was in India Paid Annual Leave
09 Feb 2013 - 18 Mar 2013 (38 Days) - Was in UK
19 Mar 2013 - 30 Jun 2013 (104 Days) - Was in India Working from Home ( was paid in UK )
01 Jul 2013 - 27 Sep 2013 (89 Days) - Was in India Loss of Pay

Second year break down

28 sep 2013 - 24 Nov 2013 (58 Days) - Was in India Loss of Pay
25 Nov 2013 - 17 Jun 2014 (206 Days) - was working in UK
18 Jun 2014 - 22 Jun 2014 (5 Days) - been to India to bring my Wife to UK
23 Jun 2014 - 27 Spe 2014 (97 Days) - was working in UK

Third year break down

28 sep 2015 - 27 sep 2016 (364 Days ) - Was in UK Working

So Do I have any chance of getting visa if I apply now ?

[iworker]

Your post is still confusing.
You cant be out of uk for more than 180 days in one year. That one year is counted like below.

Say if you apply for same day application on 10 Oct 2017.
10 Oct 2016-10 Oct 2017 - Year 1
10 Oct 2015-10 Oct 2016 - Year 2
10 Oct 2014-10 Oct 2015 - Year 3
10 Oct 2013-10 Oct 2014 - Year 4
10 Oct 2012-10 Oct 2013 - Year 5

So to make it less than 180 days, even if you have 359 days out of uk in one year and none in second, you can , theoretically time your application such that u can bring the absences to less than 180 in a year. Yours should be fine, if you time your application well enough

[rameshrr99]

My Question is:

If I provide letter from my office for my absence will I have a chance of getting ILR?

thanks

[iworker]

have u read my reply?
Of course u need a letter from employer - everyone does, regardless of number of holidays.
what u need to know more importantly is, time your application.

Your history written above is poor. You need to list down each year like i have, and list the total days out. omit the days u are inside the uk. Only list the absences.

[rameshrr99]

Hi

My absence outside UK has requested

10 Oct 2016 - 10 Oct 2017 - Year 1 - 135 Days
10 Oct 2015 - 10 Oct 2016 - Year 2 - 0 Days
10 Oct 2014 - 10 Oct 2015 - Year 3 - 22 Days
10 Oct 2013 - 10 Oct 2014 - Year 4 - 50 Days
10 Oct 2012 - 10 Oct 2013 - Year 5 - 233 Days

I guess this helps

thanks

[iworker]

all you have to do is move the application date 60 days forward (assuming no holidays in next year, which u have, so it will be more than 60 days,. do some maths) .. in doing so, the last year absences will reduce to less than 180

[rameshrr99]

Hi
I am afraid then I need to wait till next year Jun 2018

As My 180 days is reduced to 176 days - only by 01 Jun 2018 - So I guess no other go to get ILR - by submitting office letter or reason letter for my absence ?

As my current visa expires by Dec 2017 - I need to renew my current visa for one more year - which is again going to charge me.

thanks

[iworker]

No other way in IMO.
Extension will cost like normal applicaiton

[rameshrr99]

Need help in reading the PDF - If I am not wrong

https://www.gov.uk/government/uploads/s ... -v15.0.pdf

Look for page number 14 . - So absence in Year one should be alright - If I am not wrong

thanks in advance

[rameshrr99]

No other way in IMO.
Extension will cost like normal applicaiton

Need help in reading the PDF - If I am not wrong

https://www.gov.uk/government/uploads/s ... -v15.0.pdf

Look for page number 14 . - So absence in Year one should be alright - If I am not wrong

thanks in advance