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Clarify plz

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

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Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 5:20 pm

Clarify plz

Post by Go12 » Tue Oct 21, 2014 11:23 am

Hi,
Guys can you plz advice me ,my tier 1 visa is valid from oct 13th 2010 ,I entered uk on oct 15th 2010 within 90 days ,could not find a job in uk so went back to india on 8th nov 2010.Resigned my job in India and landed back in uk on april2011 and from then on never left uk till date.
So at a strech I have 150 days of absence ,so should I apply directly for my ILR on oct 13th 2015?or go for 2nd ext.even solicitors give vague answers like till now it's ok to apply for ILR ,but rules may change again ,I m fed up .UKBA changes rules for tier 1 general visa like seasons .
Plz guys called ukba abt this issue but of no use.
Plz help
Thanks

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

Re: Clarify plz

Post by haiksuresh » Tue Oct 21, 2014 2:53 pm

Assuming there is no changes in the rules you can go for ILR on 15th sept 2015 i.e 28 days earlier to your eligibility. But when you are in india you don't have any income in UK or can't show as paid leave. So i believe you can approach a solicitor they can guide how to put proper covering letter and all.

Thanks
Suresh

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 5:20 pm

Re: Clarify plz

Post by Go12 » Wed Oct 22, 2014 6:43 am

Hope the 180day rule for ILR stays.
Thank u

abhisheks9
Member of Standing
Posts: 266
Joined: Fri May 11, 2012 9:16 am
Location: Aberdeen
India

Re: Clarify plz

Post by abhisheks9 » Wed Oct 22, 2014 12:22 pm

@Go12 you worry too much :P
i first entered on July 2011, way later than your second entry, so i am in worse position than you.
But if i were you, i would go ahead for ILR on oct 2015, as current rules are in favour of you
Disclaimer: This post does not contain legal advice

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 5:20 pm

Re: Clarify plz

Post by Go12 » Wed Oct 22, 2014 12:46 pm

As I said it should remain in my favour,else m stuck:(

naveediiqbal
Senior Member
Posts: 606
Joined: Sat May 26, 2012 4:49 pm
Pakistan

Re: Clarify plz

Post by naveediiqbal » Wed Oct 22, 2014 12:55 pm

Go12 wrote:As I said it should remain in my favour,else m stuck:(
Good luck G012

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 5:20 pm

Re: Clarify plz

Post by Go12 » Mon Oct 27, 2014 1:37 pm

Hi guys,
Got advise from 2 solicitors(both rated good)and both with 2 different advices about my visa.one says that I need to go for 2nd extension ad the other says no need for it,since u are under 180 days absences ...
Now whose advice do I take ?
Why does not ukba clears this ,that whether they would continue this 180 day rule even for he future or not..cause it's very uncertain ,since I have 150 days of absences at a Strech but I came within 90 days to UK
So guys I m so confused right now???
Anyone

abhisheks9
Member of Standing
Posts: 266
Joined: Fri May 11, 2012 9:16 am
Location: Aberdeen
India

Re: Clarify plz

Post by abhisheks9 » Mon Oct 27, 2014 1:48 pm

@Go12 I am going to offend you, so please excuse me.
No one can help you, as your mind right now is in chaos and you need to bring clarity to it.

you have been answered already (by me) that according to current rules you qualify and UKBA does give clear 'guidelines' on all visa related matters.
Go through their guidelines on calculating continuous period in UK at https://www.gov.uk/government/uploads/s ... eriods.pdf. it should clarify everything for you.

If you are still confused i will share my mobile number with you to answer all your questions.
Disclaimer: This post does not contain legal advice

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 5:20 pm

Re: Clarify plz

Post by Go12 » Mon Oct 27, 2014 2:10 pm

Sorry ,
Plz share me ur mobile nos

abhisheks9
Member of Standing
Posts: 266
Joined: Fri May 11, 2012 9:16 am
Location: Aberdeen
India

Re: Clarify plz

Post by abhisheks9 » Mon Oct 27, 2014 2:12 pm

PMed you
Disclaimer: This post does not contain legal advice

abhishek7749
Newbie
Posts: 39
Joined: Mon Oct 27, 2014 2:56 pm

Re: Clarify plz

Post by abhishek7749 » Mon Oct 27, 2014 3:26 pm

there is nothing to worry.
I think the rules permit you to apply for ILR in Sept 15.
All the best!!

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 12:18 pm
Wales

Re: Clarify plz

Post by argus7 » Sun Nov 02, 2014 5:54 pm

I am in a similar position, I entered within 30 days since since my first EC of 15th July 2010, was in UK for 2 weeks, and went back to India end Aug 10 and came back to UK on 28th Oct 2010, was absent for a period of 59 days ( as you dont calculate) the travel days.

Did my first Tier 1 extension on 14th June 2012, and got visa extended till 15th July 2015 ( 2+3), I was unemployed from Sept 10 till December 21st 2010.

I am applying for ILR end June 2015 as you cant apply before 28 days of expiry. I worried abt a lot that I was unemployed for 4 months in the first year of the visa period. But as long as you are within 180 days , you are not impacted.

All you need to show is reason for the absences, which you can say that u came to UK with intention to find a job and settle. And came back again after X months ( within 180 days) and secured a job and started career here and contributed to economy since then. I am sure they will be lenient with this fact that you dont need to be employed all the time. Letters are only needed to prove absences away from UK.

Dont fret over it too much. I will not be extending another extension next year as 6th April 2015 is last day for extension as I meet the requirements and I am not away for more than 180 days in total of 5 years even !

Thanks,
argus7

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 5:20 pm

Re: Clarify plz

Post by Go12 » Mon Nov 03, 2014 8:47 am

Thanks argus,
Just 1more thing ,in the first year of visa when u were unemployed,were u in UK or out of UK?

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 12:18 pm
Wales

Re: Clarify plz

Post by argus7 » Mon Nov 03, 2014 10:30 am

Go12 wrote:Thanks argus,
Just 1more thing ,in the first year of visa when u were unemployed,were u in UK or out of UK?
I was out of the UK from 29th or 30th August 2010 to 27th Oct 2010 ( 59 days). I will explain in a cover / absence letter that I was unemployed and my main focus of work and primary employment was going to be in the UK. I was attending telephonic interviews as well.So will be attaching some emails from recruiters as well as extra evidences. Yes I was unemployed.

I have a P60 from 2010-2011 for 4 months of working .That should also help

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 12:18 pm
Wales

Re: Clarify plz

Post by argus7 » Wed Nov 05, 2014 2:17 pm

Go12,

Which solicitors told you that its safe to apply for ILR and which one told you to apply for extension first

From what I have seen in the ILR continuous period, it does not break any residency period if absences are less than 180 days and if employment is outside the UK and within 180 days (that could be the catch here).

Thanks,

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 5:20 pm

Re: Clarify plz

Post by Go12 » Wed Nov 05, 2014 3:29 pm

Hi argus,
My absences arewithin 180 days ,so I need not worry much,but my only concern is that,what if at the time of my ilr in oct 2015 the rules change and absences compulsorily should be work related,where do my family and I go then?every month ukba keeps changing rules.i too was attending interviews through vonage and emails.but I m worried since ext are closing and even if I could not get ilr next year ,I could apply for ext atleast.anyways nobody knows what will happen in the future ,thTs my situation.and I have total of 150 days absences from UK at a Strech and I was not employed too.

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 12:18 pm
Wales

Re: Clarify plz

Post by argus7 » Wed Nov 05, 2014 3:59 pm

Go12 wrote:Hi argus,
My absences arewithin 180 days ,so I need not worry much,but my only concern is that,what if at the time of my ilr in oct 2015 the rules change and absences compulsorily should be work related,where do my family and I go then?every month ukba keeps changing rules.i too was attending interviews through vonage and emails.but I m worried since ext are closing and even if I could not get ilr next year ,I could apply for ext atleast.anyways nobody knows what will happen in the future ,thTs my situation.and I have total of 150 days absences from UK at a Strech and I was not employed too.
I very well understand this concern, and there will be many people like you and me who came in 2010 without job here in UK. If you see the last time the ILR continuous residency period pdf was updated was 23rd Jan 2014, so the only time they will change this would be either this year or next year before they shut extensions down on 6th April 2015.

Also once they implemented the clause of 180 days in 12 months, that seems unlikely to change in the future , as last date for ILR tier 1 (G) will be 6th April 2018. Safest option is to shell out the money and get an extension done. I am also in 2 minds ,But I think I will take the risk and apply for ILR, If you see many posts in the ILR forum ppl have got ILR by being unemployed in the first year by 4-5 months,

Search there and see, and let me know what you think on this thread?

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 5:20 pm

Re: Clarify plz

Post by Go12 » Wed Nov 05, 2014 4:30 pm

Thanks argus,
But If u were 4 to 5 months unemployed too,u were still in UK,so tht seems to be alright.lets wait for few months and see why ukba is upto.i must say they seem to me like ringmasters in rule implementing ...
Cheers

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 12:18 pm
Wales

Re: Clarify plz

Post by argus7 » Wed Nov 05, 2014 4:41 pm

Go12 wrote:Thanks argus,
But If u were 4 to 5 months unemployed too,u were still in UK,so tht seems to be alright.lets wait for few months and see why ukba is upto.i must say they seem to me like ringmasters in rule implementing ...
Cheers

I was indeed unemployed, But I was away from UK for 59 days (2 months from Aug 2010 end till 27th Oct 2010).

Go12
Member of Standing
Posts: 256
Joined: Thu Jul 25, 2013 5:20 pm

Re: Clarify plz

Post by Go12 » Fri Nov 07, 2014 10:17 am

Hi ,
In case I go for an extension,in march 2013 I changed my address and sometime in July 2012 I had driven in bus lane,so was caught in camera.the fine was sent to my old address but I had already moved in a new house so did not receive it.later I paid a fine of £400 to bailiffs.no points on my driving licences or anything...
So in case I go for extension,in the application should I mention about this in criminal or civil judgment section?
Will it effect my extension?
Plz advice
Thanks

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