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First Entry and Absences for ILR

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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mrajkumar
Junior Member
Posts: 78
Joined: Thu Mar 27, 2008 7:24 am
India

First Entry and Absences for ILR

Post by mrajkumar » Mon Jan 11, 2016 1:30 pm

Hi Experts/Seniors,
I entered UK on 2nd March 2011 on Tier1(2 years later after receiving 1st entry clearance), stayed for a month for job search and went back to home country on 7th April 2011 then came back on 23rd May 2011 to start my work.
(1). If I can consider my first entry(2nd Mar 2011) for ILR then what document/reason should I state for the 1.5 month absence(out of country) in my letter?
(2). As I understand, my 5 year period starts from 2 Mar 2011. Can anyone/seniors please tell me if this is correct or should I consider only 23rd may 2011 for my 5 year period.
(3). I also dont have any letter from my previous employer for the annual leave I took in September 2011, the employer doesnt exist anymore(acquired by another). Is personal cover letter is sufficient for this?

As per my first entry, I am eligible for ILR on 3rd February. Or should I wait until 26 April 2016 to apply?

Thanks in Advance, much appreciated!

Note: My entry clearance as Tier1 was approved on Mar/Apr 2009 and my first entry as Tier1 was 2 years later as stated above.I had two in-country extensions so far.

Rahul05
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India

Re: First Entry and Absences for ILR

Post by Rahul05 » Mon Jan 11, 2016 2:09 pm

2nd March 2011 is the when clock started for your 5 years, IMHO.

You may want to expalin this in a covering letter.

Experts can second.

mrajkumar
Junior Member
Posts: 78
Joined: Thu Mar 27, 2008 7:24 am
India

Re: First Entry and Absences for ILR

Post by mrajkumar » Mon Jan 11, 2016 3:46 pm

Thanks Rahul05. Seniors/Experts, please help on first entry and on the absenses.

RRSB2012
Member
Posts: 200
Joined: Sun Aug 05, 2012 12:38 pm

Re: First Entry and Absences for ILR

Post by RRSB2012 » Mon Jan 11, 2016 4:24 pm

What were you doing back in the Home Country i.e. from April till May 2011?
Can you prove Economic activity in UK ..... that could be Job search, emails with Recruitment agents etc?

If you had worked in your home country between April - May 2011 and earned money, then it is SAFER to apply on 26 April 2016, else you should be fine in Feb 2016.

I have similar situation and I have been advised that it is safer to apply later.
Cheers
R

mrajkumar
Junior Member
Posts: 78
Joined: Thu Mar 27, 2008 7:24 am
India

Re: First Entry and Absences for ILR

Post by mrajkumar » Mon Jan 11, 2016 4:55 pm

Thanks RRSB2012. Were you advised by any solicitor regarding this, how would HO check if you were employed for those short period in another country?It looks impossible to me, but I may be wrong.
I cleared the interview in UK and got the offer within a week leaving UK around 14th April 2011 and it took a month to sort some personal matters before relocating to UK.

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

Re: First Entry and Absences for ILR

Post by argus7 » Mon Jan 11, 2016 6:34 pm

Coming to Uk for a job and going back after an offer is perfectly fine. I know many who were also in a similar position and were granted Settlement, as long as absences are within the 180 day limit.

Explaining this in a cover letter is more than enough!.

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rahul656
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Re: First Entry and Absences for ILR

Post by rahul656 » Mon Jan 11, 2016 7:46 pm

Please check my case in successfull application topic. I remember one of the board member being in similar situation as you gave the reason "To settle down family(parents)" in the covering letter.
Its not about economic activity in absence .its about you did not make any other country as your home means tou were not economically active in any other country than uk.

Cheers and good luck.

RRSB2012
Member
Posts: 200
Joined: Sun Aug 05, 2012 12:38 pm

Re: First Entry and Absences for ILR

Post by RRSB2012 » Mon Jan 11, 2016 8:42 pm

I got the advise today from an OISC Immigration lawyer.
However he said if you can prove that you had interviews in UK, then you will be deemed economically active and should be fine. Moreover the advise is to be on the safer side ...... though there are similar cases and were successful.

mrajkumar
Junior Member
Posts: 78
Joined: Thu Mar 27, 2008 7:24 am
India

Re: First Entry and Absences for ILR

Post by mrajkumar » Mon Jan 11, 2016 10:15 pm

Thanks argus7, rahul656!, much appreciated.

I will then include a cover letter with reason 'To Settle Family Matter', hope this suffice. I also went to India on Paid Holiday for 3 weeks after few months(in Sept 2011) to bring my family and the employer is no more in business today. How should I mention this, just as 'Paid Holiday' is enough?

Thanks in Advance!

RRSB2012
Member
Posts: 200
Joined: Sun Aug 05, 2012 12:38 pm

Re: First Entry and Absences for ILR

Post by RRSB2012 » Tue Jan 12, 2016 8:07 pm

For the period you were on paid holidays, you can explain that in a personal letter. Also you can provide pay slips to show that you were paid in UK during that period.

mrajkumar
Junior Member
Posts: 78
Joined: Thu Mar 27, 2008 7:24 am
India

Re: First Entry and Absences for ILR

Post by mrajkumar » Thu Jan 14, 2016 12:23 pm

Thanks

mrajkumar
Junior Member
Posts: 78
Joined: Thu Mar 27, 2008 7:24 am
India

Re: First Entry and Absences for ILR

Post by mrajkumar » Wed Feb 24, 2016 11:24 am

Just an update on my application so that it may help others with the same situation. My ILR was approved two weeks ago. It was at PEO Croydon.
I did not submit any documents for my absence immediately after my first entry where I was unemployed.

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