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Earliest I can apply for ILR and absences

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

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pred02
Junior Member
Posts: 74
Joined: Mon Sep 14, 2009 11:48 pm

Earliest I can apply for ILR and absences

Post by pred02 » Tue Oct 28, 2014 6:36 am

Hi,

I am approaching my ILR application date. My original Tier 1 visa was valid from Jan 15, 2010 and I entered on Feb 16, 2010 (obtained the initial Tier 1 abroad). I then renewed my Tier 1 in 2013 and my second Tier 1 is valid until Jan 15, 2015.

1. To confirm, I would be eligible to apply any Dec 18, 2014 or later? Are still PES appointments hard to get or has this now been sorted (i.e. I remember you had to log in at midnight exactly 6 weeks before as that's when they released slots etc)

2. For absences outside the UK in the last 5 years, I can detail those out. I am not clear what I need to get my employer(s) to certify as all of the abroad absences (bar one week trip to the US for training) were for personal family and holiday reasons. I did not leave the UK for more then 40 days/year maximum each year.

Kind regards

haiksuresh
Member of Standing
Posts: 448
Joined: Mon May 12, 2008 6:11 pm

Re: Earliest I can apply for ILR and absences

Post by haiksuresh » Tue Oct 28, 2014 9:31 am

1. To confirm, I would be eligible to apply any Dec 18, 2014 or later? Are still PES appointments hard to get or has this now been sorted (i.e. I remember you had to log in at midnight exactly 6 weeks before as that's when they released slots etc)

I think slot will open 42 days before.. seniors correct me if i am wrong

2. For absences outside the UK in the last 5 years, I can detail those out. I am not clear what I need to get my employer(s) to certify as all of the abroad absences (bar one week trip to the US for training) were for personal family and holiday reasons. I did not leave the UK for more then 40 days/year maximum each year.

what ever the absences you need to get a letter from employer.

pred02
Junior Member
Posts: 74
Joined: Mon Sep 14, 2009 11:48 pm

Re: Earliest I can apply for ILR and absences

Post by pred02 » Thu Oct 30, 2014 6:34 am

I think slot will open 42 days before.. seniors correct me if i am wrong
I thought this overload booking system has since been resolved? Do we still need to fight for slots? Now you just pay the £400 premium.

Can you please confirm that I can apply 28 days before my visa expires and I will still be in the qualifying period if I entered on Feb 16, 2010 and got my first visa in NYC valid from Jan 15, 2010.
what ever the absences you need to get a letter from employer.
So the only business related travel I had was for 5 days training in 2010. All other absences have been for personal/holiday reason and had nothing to do with my employer. What letter/proof do I need for this?

fielddrive
Senior Member
Posts: 602
Joined: Thu Sep 27, 2012 1:03 pm

Re: Earliest I can apply for ILR and absences

Post by fielddrive » Thu Oct 30, 2014 10:28 am

pred02 wrote:
I think slot will open 42 days before.. seniors correct me if i am wrong
I thought this overload booking system has since been resolved? Do we still need to fight for slots? Now you just pay the £400 premium.

Can you please confirm that I can apply 28 days before my visa expires and I will still be in the qualifying period if I entered on Feb 16, 2010 and got my first visa in NYC valid from Jan 15, 2010.
what ever the absences you need to get a letter from employer.
So the only business related travel I had was for 5 days training in 2010. All other absences have been for personal/holiday reason and had nothing to do with my employer. What letter/proof do I need for this?

1. You should be able to get a premium appointment without the need to 'fight' for slots.

2. as long as your absence is within 180 days over 5 years, you don't need any proof. any paid holidays (annual leave) and business travel is discounted but if you're within your 180 day limit, why go through the hassle?

you should be able to apply for ILR 28 days before the visa date as long as you entered within 90 days of the date of the visa.

haiksuresh
Member of Standing
Posts: 448
Joined: Mon May 12, 2008 6:11 pm

Re: Earliest I can apply for ILR and absences

Post by haiksuresh » Thu Oct 30, 2014 10:52 am

Hi fielddrive,
Could you please provide any UKBA reference where they mentioned not to provide any proof if " absence is within 180 days over 5 years"

As per my understanding we need employer letter even if it was one day also in 5 years. If we are not able to provide the letter from employer you need provide covering letter with all absence details and reason why we are not able to provide the proof [ex:- previous employer doesn't have any records or employer not willing to give a letter like that. A valid reason was required]


Regards,
Suresh

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