UK ILR Timing and Redundancy

Hi guys:

I have a bit of a unique situation.. and a few questions.. First, some background - I've been in the UK about 4 1/2 years, and I qualify for ILR on 3 July 2011..

Because I didn't come right away to the UK, my Tier 1 (formerly HSMP) visa expires 21 May 2011.

I will also have travelled about 240 days outside the UK over the full 5 years, but nothing was more than 90 days each time. Also, I am planning to get a letter from my employer indicating that at least 90 days of this travel was work related.

Finally, I believe (although not yet notified) that I'm going to be made redundant (along with the rest of our UK group). I will be on my notice period, or garden leave (depending upon how HR chooses to approach it) until July 2011, and won't be able to start a new job until after that date. My redundancy payment would also follow that.

My questions are:

1 - When I read about ILR, you can only apply 30 days before. Does this mean I will need to renew my Tier 1 (HSMP) visa for basically a few weeks before I can apply for ILR?

2 - Do you forsee any issues on the travel outside of the UK? According to the guidance, <180 days is not a problem, and there is discretion above that. I'm assuming the letter will resolve any concerns, but would like some input from the group.

3 - If I am working my notice period, then I assume I will be fine from an ILR perspective, but if someone can confirm I'd feel more confident. Would the same be true if I am on garden leave and no longer technically employed? Will I need to, or should I, disclose that my job is ending? And finally, is there a benefit to work the notice period in this case, rather than just take an additional cash payment (I think the answer is yes, but be good to hear from others).

Thanks, I appreciate the feedback.

UKbound wrote:When I read about ILR, you can only apply 30 days before. Does this mean I will need to renew my Tier 1 (HSMP) visa for basically a few weeks before I can apply for ILR?

Under current rules, you may apply for settlement no earlier than 28 days before 5th anniversary of your entry in the UK. If your current leave expires more than 28 days before your 5th anniversary of date of entry in the UK, then you'll need to apply for (another) extension.

UKbound wrote:Do you forsee any issues on the travel outside of the UK? According to the guidance, <180 days is not a problem, and there is discretion above that. I'm assuming the letter will resolve any concerns, but would like some input from the group.

Whether caseworker discretion will be in your favor will depend on the evidence(s) you provide to prove your absences.

UKbound wrote:If I am working my notice period, then I assume I will be fine from an ILR perspective

Should be okay if you are on Tier 1.


regards