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Tier 1 to ILR Continous Period counting backwards

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

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Mon May 05, 2014 8:42 pm

Thanks Amber.

One quick question on cohabitation documents. As the guide states it has to be from the last extension for up-to two years. In my case the extension was issued on 07/01/2013 so she won't be completing two years if we base on this and given that we are applying in Sept 2014 so technically I can't have any documentary evidence.. But if we take her EC as the start date then it should be ok.

Could you please clarify.

Cheers

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Wed May 07, 2014 10:18 am

Can you please reply.

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Mon May 12, 2014 9:20 pm

Can anyone please help on this query?

Amber
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Amber » Mon May 12, 2014 9:43 pm

You base it on the last extension, they'll know she's been here two years!
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Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Tue May 13, 2014 7:26 pm

Thanks Amber.

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Fri May 30, 2014 9:36 am

Amber_ wrote:1. Yes that should suffice, also include a PBS calculator print out if the degree is awarded 10 points for English Skills, in addition to LIUK.
2. UK degree is fine in addition to LIUK.
3. Yes cohabitation proof is required since the last extension up to a max. of 2 years.
Hi Amber

Just a minor clarification. Sorry to bug you again and again. For English language requirements, do I still need to attach my UK degree with the application (as this degree was initially supplied with initial Tier 1 General application to score the English Language points) . If Not , there is no checkbox on the form (SET (o) )which says "previously satisfied English language requirements".

Waiting for your reply.

R

Amber
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Amber » Fri May 30, 2014 5:08 pm

I would.
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easy_peasy
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Re: Tier 1 to ILR Continous Period counting backwards

Post by easy_peasy » Fri May 30, 2014 6:32 pm

Hi,
I would like to get some advice for if one exceeds the 180days throughout the 5 year period used for the ILR (set O) application. The main points which I am concerned about are:
1.I am employed throughout the period of time and most of the days were accumulated from going on holidays and visiting my mum who has a long term illness (taken as part of my annual leave).
2. When I was on a gardening leave 3 years ago (between jobs), I again left the country for 2 weeks to be with the family
3. I have also taken 2 months off 2 years ago, during which I have been on part-time employment (still a tax payer).
4. 4 years ago, I have a 2-month period of a continuous Monday to Friday stay in Dublin for business. I can't get a letter from my then employer as they have since gone bust. The only evidence is a visa stamp on my passport which says that the visit is for business

May I know what are your thoughts of whether my application will be successful? Because to be honest, I have accrued 200 days excluding the business visit in Dublin.

Any comments/thoughts/suggestions will be much appreciated.
Thank you.

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Fri Aug 08, 2014 11:19 am

Hi Guys

Finally the time is near for my ILR and I have successfully secured the PEO appointment (myself and wife) for 17th Sep, Glasgow , almost 4 weeks from now. I will keep you posted and will post the list of documents I will be taking supplying for my appointment.

Cheers

SSA_18
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Re: Tier 1 to ILR Continous Period counting backwards

Post by SSA_18 » Fri Aug 08, 2014 11:31 am

Hi Rikjavik,

You are right in fretting about it, as the guidance clearly stipulates requirements of evidence for absences for Tier1 general to ILR applicants even if the absence is clearly lesser than 180 days in a given year.

However as Amber has clarified earlier there have not been many instances that this forum has witnessed wherein an applicant was refused visa on this ground - touch wood.

Hence I would perhaps suggest you to try and contact your previous employers requesting a letter for your absence. If they oblige, well and good. If not keep the email as evidence for your visa application.

Hope this helps.

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Sun Aug 10, 2014 6:08 pm

Folks,

Current visa : Tier 1 general
Dependent : Tier 1 dependent applying with me on the basis of 2 years.

As time is near for my ILR, I am setting up set (o) with my wife as dependent, Amber had been helping me out lately for most of the questions. So thanks Amber for your great help.

I want to clarify one important question and get opinions from Wider audience so would appreciate if senior members could also spend some time to answer this question.

To keep it short, my wife is applying as a dependent with me for ILR Set(o). My wife had been shopping in Primark a month ago with my one year old baby and walked out of the store with couple of unpaid items due to an oversight and they called it "shoplifting" for couple of quids. Police got involved in that BUT no criminal proceedings followed since then and no penalty notice or fine was imposed. It's been a month and we have not received any letter from the police or else where. I am assuming if there is not letter from police it is considered as NFA and won't be registered because there was NO acceptance of guilt in writing or verbally.

Questions

1) Do I need to disclose this matter on the application as HO if finds out may construe it as form of deception?
2) worse scenario, if I don't disclose it and they find out (assuming they should have access to police database anyways)would they reject both main applicant and dependent or just dependent?
3) to be on the safer side,should I just apply as a main applicant first and then hers later as she has enough time remaining on her visa? - not sure if can really do this as I have already booked the appointment for both of us.

Your time and help will be highly appreciated.

Thanks.

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Mon Aug 11, 2014 8:06 pm

Could someone please look at my post?

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Tue Aug 12, 2014 1:54 pm

anyone?

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Thu Aug 14, 2014 11:57 am

Any expert please?

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Tue Aug 19, 2014 6:41 pm

I would appreciate if any moderator or expert could look at my query and please help.

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Thu Aug 21, 2014 8:00 pm

Could someone at least tell me if police caution/warning is ONLY given in writing. If no letter of caution or warning is received does that mean incident does not exist in their database and need to to be disclosed?

Any gurus or experts or Amber?

Amber
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Amber » Thu Aug 21, 2014 8:26 pm

It does not appear to be a caution so is nothing to worry about.
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Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Thu Aug 21, 2014 9:07 pm

Hi Amber (I think you are the most helpful person I have ever come across)

Thanks for your response.

Reason I am overly worried is because I have been given different opinions from different people (May be I shouldnt have asked ). I know I don't need to be worried BUT if let's say if I agree on disclosing it on the covering letter what is the negative impact on our application of doing that? If I don't and it gets flagged somehow (remote possibility) on their system, what could be the outcome in that case?

I am just trying to understand the worse outcome in both cases as per the immigration rule.

Thanks

Amber
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Amber » Thu Aug 21, 2014 9:09 pm

I don't think it needs to be disclosed.
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Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Thu Aug 21, 2014 9:40 pm

One more thing Amber, I forgot to mention. Couple of weeks ago child health visitor came to our house and said she is aware of the incident, however, she said that this happens to many moms and very common etc. so no issue there. But the fact that she knows this does it mean anything to our application?

Amber
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Amber » Fri Aug 22, 2014 1:04 am

No.
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Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Sat Aug 23, 2014 10:36 am

Hi Amber

Unfortunately, we have received a letter today from Crown Office And Procurator.

Conclusion of this letter is "....if you accept this warning or if you are deemed to have accepted it, I shall not prosecute for the above offence, if you do not respond to this letter within 28 days you will be treated as having accepted it"

We are really tense and don't know what to do..

Could you please advise that if NOW it needs to be mentioned and what are the side effects?

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Re: Tier 1 to ILR Continous Period counting backwards

Post by Amber » Sat Aug 23, 2014 10:48 am

This is Scottish law?
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Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Sat Aug 23, 2014 10:58 am

I don't know how to determine whether it's Scottish or not. But we are based in Glasgow and incident happened in Glasgow so I think the answer is yes?

However, on the letter it says the record will be held for two years on the Scottish Criminal History System.

if that helps.

Rikjavik
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Re: Tier 1 to ILR Continous Period counting backwards

Post by Rikjavik » Sat Aug 23, 2014 11:44 am

Amber any views?

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