Immigrationboards.com

Posted: **Fri Feb 15, 2013 6:25 pm**

Hello,

I have come to UK on work permit on 15 Oct 2005. I applied for HSMP when I am in UK on 12/10/2006 and I am now on HSMP JR from 21/11/2006.

I have got few absenses as mentioned below but I feel that it falls under less than 180 days in each consecutive year when I apply 25 Feb 2013. For this, I had split my two continous(Out of Country) 344 days and 185 days accross to two consecutive years like below:

Entry - 15 Oct 2005
1. 02 Sept 2007 - 24 Feb 2008 - 176 days(Splited here)
2. 25 Feb 2008 - 10 Aug 2008 - 168 days

3. 13 Sept 2009 - 24 Feb 2010 - 165 days(Splited here)
4. 25 Feb 2010 - 16 Mar 2010 - 20 days

25 Mar 2010 - 08 May 2010 - 45 days
and has got small breaks of less than 1 month from 09 May 2010 till ILR date(25 Feb 2013). I have got visa till Feb 2015.

Question 1. Please advise will this be a problem to get the ILR?
Question 2. Do I need to show any reasons for absences?
Question 3. Since my case is complicated, I thought to apply separetly for dependents. Please advise can I apply separetly at PEO only for dependents if I get my visa approved?
Questions 4. Alternate option - I have taken the PEO appointment without any dependents. Now, can I still add my dependent together with the my application at PEO.

Could you please advise and help on my queries asap.

Posted: **Sat Feb 16, 2013 9:44 am**

Hello sushdmehta,

Can you please advise on my queries?

Posted: **Sat Feb 16, 2013 2:36 pm**

count from your applying day,,backword,,,than eatch year if less than 180 than i think ok

vakheel wrote:Hello sushdmehta,

Can you please advise on my queries?

Posted: **Sat Feb 16, 2013 3:36 pm**

Thanks jhelumcollege for your response.

Yes, counting backwards from the date of applying. It will be same as below. Is this okay?

1. 25 Feb 2013 to 24 Feb 2012 - 15 days
2. 25 Feb 2012 to 24 Feb 2011 - 38 days
3. 25 Feb 2011 to 24 Feb 2010 - 75 days
4. 25 Feb 2010 to 24 Feb 2009 - 165 days
5. 25 Feb 2009 to 24 Feb 2008 - 168 days

6. 25 Feb 2008 to 24 Feb 2007 - 176 days
7. 25 Feb 2007 to 25 Feb 2006 - 13 days

Entry - 15 Oct 2005

Posted: **Sat Feb 16, 2013 7:15 pm**

You will be fine based on the numbers above.

Posted: **Sat Feb 16, 2013 8:07 pm**

Thanks a lot uksettlement.

Can you please also advise on the below queries?

Question 2. Do I need to show any reasons for absences?

Question 3. Since my case is complicated, I thought to apply separetly for dependents. Please advise can I apply separetly at PEO only for dependents if I get my visa approved?

Questions 4. Alternate option - I have taken the PEO appointment without any dependents. Now, can I still add my dependent together with the my application at PEO.

Question 5. Under Section 7(PERSONAL HISTORY) of 7.11 - How long have you lived in UK?
- Total visa duration from the date of Entry is 7 Years and 4 months.
- Total number of days I have actually stayed in UK is 5 Years and 7 Months (here I have deducted my absences from 7.4 years).
So, please advise which one I should enter?

Question 6: Do I need to provide details of any absence of more that 6 months during that time? Or shall I ignore this as I am splitting my more than 6 months into 2 consecutive years?

Posted: **Sat Feb 16, 2013 10:32 pm**

Sorry, I got the answer to 'Question 3. Since my case is complicated, I thought to apply separetly for dependents. Please advise can I apply separetly at PEO only for dependents if I get my visa approved?'.

- I saw there is SET(M) application for dependents.

Also, with regards to SECTION 6 - IMMIGARTION HISTORY of 6.2 - do we need to provide the date left and date returned as it is? I mean I was away from the country continuously for around 344 days. But, I am applying my ILR splitting 344=176+168 days accross two consecutive years.

Posted: **Mon Feb 18, 2013 12:51 am**

I have been on working Visa in the UK for 5 years since 19th March 2008 and I am looking to apply for ILR in beginning of March 2013. My visa has been a combination of 2 years HSMP and 3 years Tier 1.

Following is the break-up of my absences per year in reverse order:

Year 1: Mar 2013 – Mar 2012 (21 days) Tier 1 Visa
Year 2: Mar 2012 – Mar 2011 (85 days) Tier 1 Visa (split over 2 trips)
Year 3: Mar 2011 – Mar 2010 (44 days) Tier 1 Visa
Year 4: Mar 2010 – Mar 2009 (86 days) Tier 1 Visa (split over 2 trips)
Year 5: Mar 2009 – Mar 2008 (35 days) Tier 1 Visa (split over 2 trips)

- None of my visit/absence was equal or more than 90 days
- I have not been away for more than 180 days in an any one year

Given the above - am I OK or should I worry about refusal?

I have actually posted my questions in another post (http://www.immigrationboards.com/viewto ... 618#786618) with much detail but then saw this thread so reposted.

Thanks very much for all advice

Posted: **Tue Feb 19, 2013 12:37 pm**

Mano82 wrote:Guys,

I posted a query to UKBA as below on continuity and below is the response?

Dear team,

Can I request you to clarify the below query?
As per the new ILR rules for Tier 2(ICT) that have come into effect from 13 Dec, 2012 the statement regarding 180 days absence is quite ambiguous.

1. Regarding 180 days absence in a year:
The following link says "During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months." http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

And the guidance note says ""No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Taking the above into picture, if a immigrant is out of the country for 8 months from November 2009 to July 2010 and he/she applies for ILR (assuming that he has completed five years legally) in Feb 2013 - according to the Guidance notes Is it correct in inferring that he/she will still be eligible? (from what we read). The split across years backdated from the application date (say 1st Mar 2013) is as below.

Year 5: 01-March-2013 to 28-Feb-2012 : 27 days
Year 4: 01-March-2012 to 28-Feb-2011 : 16 days
Year 3: 01-March-2011 to 28-Feb-2010 :152 days
Year 2: 01-March-2010 to 28-Feb-2009 :101 days
Year 1: 01-March-2009 to 28-Feb-2008 : 23 days

Could you please clarify if its 180 days in any consecutive 12 months period in the last 5 years or in any of the five, two, three or four consecutive 12 month periods (according to the guidance notes)?

2. Also if this absence breaks continuity due to any reason will the employer letter stating that this absence is official helps for the ILR process?

Response from them:

Dear Sir/Madam,

I am sorry that you think the guidance on calculating the continuous period for ILR is ambiguous. The reference to the ‘..five, two, three or four consecutive 12 month periods relates to the fact that some migrant categories can qualify for IRL in shorter period than 5 years, e.g. Tier 1 (Investor) migrants can qualify after 2 years, depending upon the size of their investment.

Regardless of whether a migrant’s continuous period is 2 or 5 years, they can be outside of the UK for reasons relating to the purpose form them being in the UK for up to 180 days in any of the specified 12 month periods without breaking continuity.

In the example you have provided, the absences in each of the specified 12 months do not exceed 180, therefore continuity would not be broken.

I trust this answers your question.

---------------------------------------------------------------------------
Lucapooka/cs95tdg,

Thanks for your help and valuable advise so far. Can you help me to understand how UKBA verifies if you are on UK payroll during the absence . I wont be able to provide the P60s beyond 2010 as my employer was paying the tax for me till April 2010 and I dint have the NI number as well.

As requested before, please advise
1. Is there any route which u recommend rather than waiting for 2 more years :'( ?
2. Any idea on how will they veify if you were on UK payroll or not?

Thanks for your patience so far!

Rgds,
Mano

Posted: **Thu Feb 21, 2013 10:08 am**

IT is best ever UKBA reply,,,clarification to all new users,,,if less than 180 any any year,,doest not matter how many altogether,,,,,still ok

lucozzade wrote:
Mano82 wrote:Guys,

I posted a query to UKBA as below on continuity and below is the response?

Dear team,

Can I request you to clarify the below query?
As per the new ILR rules for Tier 2(ICT) that have come into effect from 13 Dec, 2012 the statement regarding 180 days absence is quite ambiguous.

1. Regarding 180 days absence in a year:
The following link says "During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months." http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

And the guidance note says ""No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)"

Taking the above into picture, if a immigrant is out of the country for 8 months from November 2009 to July 2010 and he/she applies for ILR (assuming that he has completed five years legally) in Feb 2013 - according to the Guidance notes Is it correct in inferring that he/she will still be eligible? (from what we read). The split across years backdated from the application date (say 1st Mar 2013) is as below.

Year 5: 01-March-2013 to 28-Feb-2012 : 27 days
Year 4: 01-March-2012 to 28-Feb-2011 : 16 days
Year 3: 01-March-2011 to 28-Feb-2010 :152 days
Year 2: 01-March-2010 to 28-Feb-2009 :101 days
Year 1: 01-March-2009 to 28-Feb-2008 : 23 days

Could you please clarify if its 180 days in any consecutive 12 months period in the last 5 years or in any of the five, two, three or four consecutive 12 month periods (according to the guidance notes)?

2. Also if this absence breaks continuity due to any reason will the employer letter stating that this absence is official helps for the ILR process?

Response from them:

Dear Sir/Madam,

I am sorry that you think the guidance on calculating the continuous period for ILR is ambiguous. The reference to the ‘..five, two, three or four consecutive 12 month periods relates to the fact that some migrant categories can qualify for IRL in shorter period than 5 years, e.g. Tier 1 (Investor) migrants can qualify after 2 years, depending upon the size of their investment.

Regardless of whether a migrant’s continuous period is 2 or 5 years, they can be outside of the UK for reasons relating to the purpose form them being in the UK for up to 180 days in any of the specified 12 month periods without breaking continuity.

In the example you have provided, the absences in each of the specified 12 months do not exceed 180, therefore continuity would not be broken.

I trust this answers your question.

---------------------------------------------------------------------------
Lucapooka/cs95tdg,

Thanks for your help and valuable advise so far. Can you help me to understand how UKBA verifies if you are on UK payroll during the absence . I wont be able to provide the P60s beyond 2010 as my employer was paying the tax for me till April 2010 and I dint have the NI number as well.

As requested before, please advise
1. Is there any route which u recommend rather than waiting for 2 more years :'( ?
2. Any idea on how will they veify if you were on UK payroll or not?

Thanks for your patience so far!

Rgds,
Mano

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