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ILR Dilemma, please advise

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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wasim_n
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Posts: 48
Joined: Fri Jun 24, 2011 9:56 am
Location: London

ILR Dilemma, please advise

Post by wasim_n » Sat Apr 19, 2014 6:12 pm

Dear All

I'd be grateful if you could please shed some light on my below situation which would help me to decide on my next application:

Tier 1 Granted (under rules before April 2009) : 8th April 2010
Arrived UK : 4th May 2010 (arrived within 90 days, to check job market and got very positive feedback)
Left UK: 21st June 2010 (Went back home to wrap up and sort out pending stuff, arranging to bring family to UK)
Arrived to UK: 5th November 2010 (with family)
Absence: 137 Days
Went on Holiday for 8 Days in Feb 2011

Total absence in 2010/2011 : 145 Days which is less than 180 Days

Currently on: 2nd Extension Tier 1
Next Extension OR ILR (subject to your advise) : March 2015

Please advise am I eligible for ILR in March 2015, thereafter I have taken couple of 1 week holidays outside UK in subsequent years but it was in my past employment and obtaining a letter will be not easy, can that be proved by my employment contract and pay slip which will state that I was entitled for 25 days annual holidays. How do I justify or explain my long absence which is less than 180 days but according to the rules one needs to submit some proof. Please advise

Do I have to do an English Qualification ? , for my previous application I have proved English eligibility based on my current qualification and it still appears on the PBS calculator giving me 10 points. I also have a letter from UKBA which I got at the time of 2nd extension giving a detailed breakdown of points scored and they have given me 10 points for English. Please advice on this.

Thank you, all your expert and definite advise will help me to plan accordingly.

sagareva
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Posts: 452
Joined: Fri Oct 07, 2011 5:49 pm
Location: London, United Kingdom

Re: ILR Dilemma, please advise

Post by sagareva » Sat Apr 19, 2014 8:35 pm

based on current practice, you should be fine for ILR in March 2015

general rule of thumb is that if your abcences in any 12-month period are less than 180 days, it is enough for you to submit a letter outlining that reasons for them were of family or personal nature, and NOT because you left to take up a job overseas. it seems to be generally OK if you had temporary work incidental to being overseas for some other reason (for instance, you were overseas dealing with some family problem and worked temporarily to support yourself. or in your case i guess, you went back to tender your resignation and get visas for your dependants).

I'd venture to guess you going back home initially to arrange for the move should be OK. they don't pay too much mind now to absences generally when they are less than 180. you just need to submit a letter that explains them.

you do not need to prove English again.

however things can yet change before March 2015.

I am not sure though how come you got visa in April 2010 on rules prior to April 2009? or is it a typo?

wasim_n
Newbie
Posts: 48
Joined: Fri Jun 24, 2011 9:56 am
Location: London

Re: ILR Dilemma, please advise

Post by wasim_n » Sat Apr 19, 2014 8:52 pm

Hi

Thank you for your precise and prompt response, much appreciated,what a sigh of releif hoping the rules remain
unchanged.

My initial application in 2008 was refused due to some misinterpretation by case worker on my net and gross income, however after an admin review my case was approved and got visa in 2010.

Again, thank you very much.... Now i can start preparing for LIUK test.

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