Tier 1 to ILR Continous Period counting backwards

Hi All,

First of all thanks for this wonderful forum and providing a great platform where most of the people can resolve their immigration related queries without any hassle.

I have a very basic question and was not able to find the answer before posting this question. Apologies if its been answered previously.

Just to keep it simple below is my immigration status:

Tier 1 General (switched in country from PSW) visa date : 13/oct/2009

Now I am thinking to apply on 15-Sep-2014 ( -28 days from the qualifying period) I hope this is right?

Question:

Considering 15-sep-2014 as an application date and start counting backward from there the first year automatically falls outside the Tier 1 visa date e.g

15 Sept 2014 - 14 Sep 2013
15-sep-2013 - 14 Sep 2012
15-sep 2012 - 14 sep 2011
15 sep 2011 - 14 sep 2010
15 sep 2010 - 14 sep 2009 (this range here is outside my Tier 1 Visa Date is this problem ? Also shall I count the absences for this period as the range is outside the Tier 1 visa date)

Your help will be much appreciated.

Thanks.

Thanks for the quick reply. However, q36 as you provided is not related. I am on Tier 1 General NOT PSW (for almost 4 and half years). But It was switched in-country a (Tier 1 PSW to Tier 1 General).

Can you please review my query again and possibly would make more sense now.

Rikjavik wrote:Thanks for the quick reply. However, q36 as you provided is not related. I am on Tier 1 General NOT PSW (for almost 4 and half years). But It was switched in-country a (Tier 1 PSW to Tier 1 General).

Can you please review my query again and possibly would make more sense now.

You will be al-right. You are applying 28 days before the fifth anniversary of Tier 1 granted date, so you shd be ok.

Thanks

Rikjavik wrote:Hi All,

First of all thanks for this wonderful forum and providing a great platform where most of the people can resolve their immigration related queries without any hassle.

I have a very basic question and was not able to find the answer before posting this question. Apologies if its been answered previously.

Just to keep it simple below is my immigration status:

Tier 1 General (switched in country from PSW) visa date : 13/oct/2009

Now I am thinking to apply on 15-Sep-2014 ( -28 days from the qualifying period) I hope this is right?

Question:

Considering 15-sep-2014 as an application date and start counting backward from there the first year automatically falls outside the Tier 1 visa date e.g

15 Sept 2014 - 14 Sep 2013
15-sep-2013 - 14 Sep 2012
15-sep 2012 - 14 sep 2011
15 sep 2011 - 14 sep 2010
15 sep 2010 - 14 sep 2009 (this range here is outside my Tier 1 Visa Date is this problem ? Also shall I count the absences for this period as the range is outside the Tier 1 visa date)

Your help will be much appreciated.

Thanks.

when does your current t1 expire?

My current visa expires on 7th Jan 2015. How about the absences for the period outside my Tier 1 visa date.

1. you are OK to file your ILR application during he final 28 days of the 5 year completion. also, any day after completing 5 years as T1 but during validity of current T1 is also ok.

if your absences relate to prior your T1 issue date, then that can be disregarded. any absences during T1 period, please list here so that you can get advice on the best course of action.

Thank you for your help.

Considering 17th Sep 2015 as ILR application date:

Following are my absences:

17 Sept 2014 -- 16 Sep 2013 ( 0 days )
17 Sep 2013 -- 16 Sep 2012 (0 days)
17 Sep 2012 -- 16 Sep 2011 (13 days + 23 = 36 days, two trips)
17 Sep 2011 ---16 Sep 2010 (22 days)
17 Sep 2010 --- 16 Sep 2009 (11 days + 26 days = 37 days, two trips)

Total days = 95 days.

It would be great to know what sort of documentation I can provide for these absences. I can't get any employers letter as I have left the previous companies.

There is also a question in the application from section 6 - 6.1 : when did you first enter the Uk? This relates to your first entry into the UK at the beginning of the period of stay on which this application is based. ( do I need to provide the Tier 1 visa stamped date here as my application was in-country)

Thanks once again and waiting for your answer.

Hi Guys,

Can someone please look at the details of absences. Waiting for your kind review.

Thanks

Hi

Hope everyone had a good weekend. Can someone please look at my Query.

Cheers

Rikjavik wrote:Hi

Hope everyone had a good weekend. Can someone please look at my Query.

Cheers

As I said, you will be fine. You should not be asked for any letters regarding absences.

Thanks for the reply. I am just curious just in case if they ask for the documentation with reasons what could I supply. Also, can you please look at the second part of the question.

If you on Tier-1 in most cases people supply a letter(from oneself) explaining the absences as vacation or business related. If you can get a letter from any employer that would be a bonus. But in general no questions or evidence asked when the absences are < 180 days.

Thanks for the reply. Is it referenced some where in the guidance or ILR rules?

Hi

Can someone please look at my query and clarify these points:

1) On SET(0) form it asks for evidence for those absences (even if you are on Tier 1), where does it say that no evidence is required when absences are less than <180 days?

2) Also there was a thread about paid and unpaid leave where travle on unpaid leave could break the conitnuity. Can someone please calrify if this and aforementioned point is applicable in my case?

Thanks.

It doesn't, however, from members experience, they do not request evidence where absences <180 days per 12 month period.

Thanks Amber.

Couple of question for my wife ILR, we will be applying together (Tier 1 dependent - March 2012 Stamped):

1) She has a degree with UK NARIC comparison certificate and letter from institute stating that the course was taught in English. Is this enough to meet English Language Requirements. She has passed LIUK TEST.


2) For me, Tier 1 (General), Masters Degree taught from UK, I persume I don't need to take any English Test. It's just LIUK that I need..

3) For Cohabitation document, Is it a mandatory requirement, even though she entered UK on Tier 1 Dependent Visa and had always been on the same.

Cheers

Can someone please have a quick look at my queries.

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.

Thanks Amber you are great!.

Going back to my original question regarding absences. As you said, they should not ask for any evidence. However, I've found this and really stressed out. Can you please shed some light?

The specified documents referred to in paragraph 245CD(j) are:
(a) For periods where the applicant was in employment in the UK, a letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave.
(b) For periods where the applicant was self-employed or in business in the UK, or looking for work or setting up in business in the UK, a personal letter from the applicant detailing the purpose and period of absences in relation to those activities.
(c) A personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons – e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK.”

Although the rules and guidance state that evidence will be required, practically, I have not seen this happen to a member whose absences were <180 days per 12 months.

Can someone please reply

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

I'm in the middle of arranging the required documents. Meanwhile, I've noticed on the PBS calculator for my MRS (Applying ILR with me as a dependent) DOES NOT award 10 points for English Language BUT does award 30 points for her Bachelors Degree (Only If select the date on the calculator when Bachelors Degree was acceptable for Tier 1). However, she has a letter from UK Naric which states that the degree is comparable to UK Bachelors Hons.

Can you please let me know if this is still OK just to submit NARIC letter + letter from University with our application?

Thanks

Can someone please reply.

Yes the NARIC statement of comparability with a letter from the institution stating the medium of instruction was English will suffice B1.