Window of application for ILR / Absence letters < 180d/yr

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Window of application for ILR / Absence letters < 180d/yr

Postby intalex » Sun Aug 11, 2013 11:00 am

I'm a 'standard' Tier 1 (G) visa holder with an initial 3-year visa followed by a 2-year extension due to expire in mid-Jan 2014.

Just wanted to confirm a couple of things, and would appreciate expert opinions/pointers:-

1. My only window of applying for ILR is between the following 2 dates:-

From: Expiry date less 28 days
To: Expiry date

This is a fairly tight window if I want to go with the PEO appointment route (just so I get my passport back immediately), as there will be festive holidays during that period.

2. I won't need employer/personal letters to substantiate any absences that are below 180 days in each of the 5 consecutive 12-month periods working back from the ILR application date.

Is there any official guidance to confirm this, as so far my research on this forum seems to point to individual experiences rather than any formal confirmation/update from UKBA. Maybe I've missed something here?

Thanks in advance for your responses.
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Postby intalex » Mon Aug 12, 2013 7:48 pm

Anyone?
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Postby Amber » Mon Aug 12, 2013 7:50 pm

When were you granted entry clearance and when did you enter the UK?

The official guidance is that you should have evidence i.e. a letter for your absences but practically it's rarely required.
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Postby intalex » Mon Aug 12, 2013 7:56 pm

Thanks for your response.

Entry clearance start date: 17/01/2009
Arrived UK: 17/01/2009

I received the visa in mid-Dec 2008, but as there was no 90-day allowance at the time, I specifically asked for my entry clearance to be post-dated to my proposed arrival date in the UK.

I guess that makes my only window of application to be 20/12/2013 - 17/01/2014?
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Postby Amber » Mon Aug 12, 2013 7:57 pm

Yes, from 28 days before you satisfy the qualifying period.
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Is T1G BRP returned upon successful ILR app @ PEO appt?

Postby intalex » Sun Dec 01, 2013 7:29 am

I've got a PEO appointment just before Xmas and I'd like to fly out of the UK within 3 days of my appointment (ideally same day), and only return to the UK in mid Jan-14, actually a few days before my Tier-1 permission runs out.

I'm expecting a pretty routine ILR application (T1G route), and hopefully confirmation of success the same day, but given that the ILR BRP could only arrive a week or so later, I wanted to check if I'll get my Tier-1 BRP back at the end of the application, so I could have something with me upon my return to the UK?

Alternatively, does anyone know if the UKBA has relevant records on their systems at the airport to confirm I have got my ILR approved, if I were to return without either BRP (T1G or ILR)?

I'm really keen not to have my usual Xmas/NY getaway plans disrupted by what I think is a very "short" 28-day application window for my ILR application, considering the number of holidays that fall during those 28 days.

Thanks in advance for your answers/ideas/advice.
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Postby intalex » Tue Dec 03, 2013 2:25 pm

Anyone?
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Postby UKBALoveStory » Tue Dec 03, 2013 3:21 pm

- You won't get your BRP back, if your application is successful.
- UKBA does not suggest to travel without BRP.
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Postby intalex » Tue Dec 03, 2013 5:42 pm

Thanks tahirnaveed.

I have also called the UKBA helpline since, who also confirmed that there is no way I could get my T1G BRP back after a successful ILR application.

They said I would probably be able to enter the UK with the ILR approval letter that they normally issue on the day of appointment (assuming successful), but that airlines would likely not allow me to board their flights without an "official" visa/BRP with me.

One workaround I'm considering is to get the ILR BRP shipped to my office address in the UK, and get my office to send it to me abroad by courier, although I'm not sure where I stand if it gets lost for whatever reason.

Anyone with any other ideas (or thoughts on my suggested workaround)?
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Postby moose » Wed Dec 04, 2013 10:21 am

My experience was that of having the appointment on Wednesday and the BRP delivered on the Saturday.

This was quite irritating as I didn't expect a weekend delivery, and then when I tried to reschedule they didn't offer a weekend delivery! So then I had to pick it up from one of their collection points.

So, there is a very small chance you'd actually have it delivered within that 3 day window, especially if you had an evening flight.

You don't mention your nationality, but perhaps you are from a country which does not need a pre-arranged visa to travel to the UK? (eg, Aus/NZ/Canada) So an airline would have no reason not to permit you to return (?).
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Postby intalex » Wed Dec 04, 2013 10:41 am

Thanks Moose,

Unfortunately, I'm a national of a country which does require a pre-arranged visa prior to commencing travel to the UK.

Your experience of a 3-day turnaround does sound promising, but my appointment is too close to Xmas to take the risk of booking a flight beforehand.

I've decided it's easier if I stay put, and if it gets delivered quickly (i.e. before Xmas) then I'll just try and find a flight out the same day.
intalex
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