ilr . absence new rule

hello dears

I need ur help as i am about to apply for ilr on tier 1 gen based. i have a concern about my holidays
which were 340 days in last 5 years on tier 1 general.but never stayed more than 180 days in one
year. i am self employed and 340 days absent was unpaid.

please advise me if i am eligible for ilr??

one of my friends lawyer told me that i am not eligible for ilr and should go for extension instead. and should not got to window and should apply through post, what is ur suggestion on this.

i would be grateful for ur advice
thank you

saima

The rule is no more than 180 days absence per 12 month cycle (the cycle depends on your visa start date and the date you qualify and apply for ILR).

If you provide more detail of the visa dates and absence dates, you will get a better response.

Besides, it is not a 'new' rule, it has been around for a while now and you will see lots of information if you search the forum.

thanks for the reply
my absences are

2015 jan (will apply for ilr)

2014> 13 days and then 49 days
2013> 57 days ( got second ext of 2 years)
2012> 85 days
2011> 86 days
2010> 51 days ( got tier 1 gen for 3 years)

please advise on these basis. thnak you

What date was your visa issued and what date did you land in the UK?

Were your extensions done in the UK??

thanks for reply
i was landed in uk in feb 2006. did masters here in uni with student visa, in 2008 got the psw.
then in 2010 January got tier 1 general (hsmp).
i have got both extensions from uk.

Your absences are fine and within the limits allowed if you applying 28 days before your 5 years residence based on Tier 1.

Have a look at the Set(O) form and guide for the information you will need (if any) to provide for absences.

alright thank you so much for the suggestion. i have last question in my mind, should i apply through post or through window ? which one do you think does lesser checks. my friends lawyer advised me that i should not go to window and apply through post. i appreciate any suggestion on this.

regards

Same sort of checks really. PEO is better as you get the decision on the day usually but it costs more. Postal applications can take months.

It is entirely up to you which option you choose to use but if your case is straightforward, PEO would be fine.

If there are any real other concerns you have, you are more than welcome to post them on the forum and get some help and clarity if you wish.

Thank you once again for your advice

I will apply on the window for my ilr next month. my husband who is my dependent
and been here in uk since only six months. i was thinking if i apply on the window and then apply my husbands as my dependent once i get the visa same day.
one of my friend advised me that it is simpler and quicker for me coz i am the main applicant, and if i get the ilr then it would be no problem for my dependent husband in the post to get the visa by post. yes we have one baby born last month in uk i will apply his naturalization after getting my ilr.
please advice me keeping on my situation.
thanks in advance

It is acceptable to apply for your ILR by PEO and your husbands visa extension by post once you have got your ILR.

The baby can be Registered as British under section 1(3), which is an entitlement, once you have your ILR.

Adults are naturalised, children are Registered.

hi again croo1

do you or does any one know in set (o) form they ask number of holidays taken in last 5 years and reason.
keeping in mind my holidays should i tell them that it was annual holidays or compassionate leave or both?
if it was compassionate then they ask to provide letter and evidence. so if i put it as annual leave would that be fine?

thank you in advance

saima

Family holiday, annual holiday, etc is fine, just put the reason for your absence as it is. Your absences are relatively low.

ok thanks for the reply croo1.

i have booked the appointment on 16th December of my own visa and plan to apply my husbands after i get it on the same day through post (advised by the lawyer to make my case simpler). my husbands visa is expiring on 12 January 2015 almost after 14 working days of my
appointment. so if in worst case scenario if i didnt get the visa on the window on 16th december and goes on waiting for few weeks, then my husband would have to go back to India coz his visa expiring on 12 january 2015 or he could also apply for some kind of appeal as my visa would be in the process. i have a new born baby as well born few months ago. thanks in advance

Hello

regarding the question about 180 days I think these 180 days should be taken in 5 years of time and should not be exceed however you could take 180 days in one single year but again it shouldn't consecutive 90 days. This is my understanding..

Hello

regarding the question about 180 days I think these 180 days should be taken in 5 years of time and should not be exceed however you could take 180 days in one single year but again it shouldn't consecutive 90 days. This is my understanding..

Blocked Username wrote:Hello

regarding the question about 180 days I think these 180 days should be taken in 5 years of time and should not be exceed however you could take 180 days in one single year but again it shouldn't consecutive 90 days. This is my understanding..

You are wrong, you can take 180 days absence in one stretch, can you show me anything where it says you that you shouldn't take more then 90 days in one stretch? Seniors may clarify better. thanks

Dear

you need to research about that you can't take consecutive 90 days unless there is valid reason like if you are working overseas and your employer is paying you here or in some cases like illness and death apart from that you can't be out more than 180 days in your five years of time otherwise you would need a second extension

regards

Blocked Username wrote:Dear

you need to research about that you can't take consecutive 90 days unless there is valid reason like if you are working overseas and your employer is paying you here or in some cases like illness and death apart from that you can't be out more than 180 days in your five years of time otherwise you would need a second extension

regards

You are wrong again my friend. can you show me this in any of the guidance that you can't take more than 90 days holiday in one stretch in 12 months? please do not spread rumors. I would request some seniors to verify please. thanks

Dear

you are not getting what I am saying is you can take take 180 days in a 12 month of period but it shouldn't be a consecutive 90 days which means if you are away for 85 days then you need to come back before you go for your another one, however in total you shouldn't exceed more than 180 days in your 5 years of visa otherwise you would need an extension. Hope you are getting a point.

Visa Stampings / Extensions:

1. Tier 2 ICT stamped : 5th Feb 2010
2. Travel to UK : 12th Feb 2010
3. First extension : 10th Oct 2010 till April 2012
4. Second Extension : April 2012 to Feb 2014
5. Third Extension : Feb 2014 to Feb 2015

Travel to Offshore team to setup the team in India : 7th July 2012 to 27th Jan 2013 (208 Days)​

Can you please advice if I can still apply for my ILR still in Jan 2015 as per the 5 year continuous visa with a letter from my work on this absence as offshore setup of the team ?

Blocked Username wrote:Dear

you are not getting what I am saying is you can take take 180 days in a 12 month of period but it shouldn't be a consecutive 90 days which means if you are away for 85 days then you need to come back before you go for your another one, however in total you shouldn't exceed more than 180 days in your 5 years of visa otherwise you would need an extension. Hope you are getting a point.

with all my efforts i could not find such rule at all i have spent quite a lot time in finding this and even spoke to ppl. can you give me the source of your information? thanks

What shocking things are being circulated about
90 days.plz give an links to prove your points.

Go12 wrote:What shocking things are being circulated about
90 days.plz give an links to prove your points.

The guy just made me panicked and i thought i would go for a second extension, but i could not find any such thing which say that u cant live more than 90 days out of uk in one trip. so i will pass this as i such thing doesn't exist