Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Long Residency 10 Years route query

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.

Moderators: Casa, push, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe

Post Reply
sk9988
Newly Registered
Posts: 11
Joined: Sun Sep 15, 2019 6:56 pm

Long Residency 10 Years route query

Post by sk9988 » Wed Jan 15, 2020 7:51 pm

Hi,

Could you please advise on my below query:
1) I came to in UK 2011 February under ICT Tier 2 visa, my absence in the UK are as below:

-- January 2011 until February 2013 in the UK
-- February 2013 until July beginning 2013 -- 150 days outside from the UK
-- In July mid-2013 until July 2013 - last week I am in the UK for 10 days.
-- From July last week 2013 until October 2013 -- 120 days outside from the UK
-- From October 2013 until December 2019 I am in the UK under the same ICT Visa
all my extensions happened within the UK

In December 2019, I have converted my visa under Tier 4 dependant visa with in the UK and continue staying in the UK.

my query is:
1. I don't have a continuous gap more than 180 days gap in 2013 outside the UK, in 2013, initially 150days outside the UK and then 10 days stayed in the UK and then 120 days outside the UK in same 2013 Year, (in 2013 Total outside from the UK was more than 180days but which is not continuously), after that continuously staying in the UK, in this case, am I eligible to apply ILR in long residency 10-year route in 2021 January? or do I need to apply after my fist gap is fully filled i.e do I need to apply in July 2021?, please advise.
2. Also if I am eligible to apply in 2021 January, do I need to produce any letter from my employer (where I worked from 2011 until 2019 and resigned after or letter from employer is not required?), rest all other documents I have except the employer letter, could you please kindly advise if you need any other info please let me know, thank you.

User avatar
Zimba
Moderator
Posts: 11485
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Long Residency 10 Years route query

Post by Zimba » Wed Jan 15, 2020 8:19 pm

1. I don't have a continuous gap more than 180 days gap in 2013 outside the UK, in 2013, initially 150days outside the UK and then 10 days stayed in the UK and then 120 days outside the UK in same 2013 Year, (in 2013 Total outside from the UK was more than 180days but which is not continuously), after that continuously staying in the UK, in this case, am I eligible to apply ILR in long residency 10-year route in 2021 January? or do I need to apply after my fist gap is fully filled i.e do I need to apply in July 2021?, please advise.
If you have never been away from the UK for more than 6 months continuously, then you are ok
2. Also if I am eligible to apply in 2021 January, do I need to produce any letter from my employer (where I worked from 2011 until 2019 and resigned after or letter from employer is not required?), rest all other documents I have except the employer letter, could you please kindly advise if you need any other info please let me know, thank you.
There is no need for employer letter
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

sk9988
Newly Registered
Posts: 11
Joined: Sun Sep 15, 2019 6:56 pm

Re: Long Residency 10 Years route query

Post by sk9988 » Wed Jan 15, 2020 9:15 pm

Thank you so much for your valuable advice, I have my BRP Card, passport, life in UK test and English B1 UK Naric certificate but still, it says there might be additional documents required while applying ILR, this is where I am confusing, what kind of additional documents they may ask, could you please advise, so that it's helpful to prepare in advance, thank you.

User avatar
Zimba
Moderator
Posts: 11485
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Long Residency 10 Years route query

Post by Zimba » Wed Jan 15, 2020 9:36 pm

NO additional documents
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

sk9988
Newly Registered
Posts: 11
Joined: Sun Sep 15, 2019 6:56 pm

ILR Long residency route - Query

Post by sk9988 » Mon Jan 20, 2020 10:27 pm

Hi,

This is only my personal opinion, few companies who offer Tier 2 ICT to their employees, they may not release the employees easily with in UK, they do a kind of creating some disturbance to employees, if this is the case, would there be any chance that the Employer can report to UKBA in case if employees switch from Tier 2 ICT main applicant to Tier 4 dependent and if they do it, would it be any problem while applying ILR under 10 years route in future, would there be any chance that UKBA take an action upon the employees, please help me on this query, thank you.

User avatar
Zimba
Moderator
Posts: 11485
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: ILR Long residency route - Query

Post by Zimba » Tue Jan 21, 2020 12:40 am

sk9988 wrote:
Mon Jan 20, 2020 10:27 pm
Hi,

This is only my personal opinion, few companies who offer Tier 2 ICT to their employees, they may not release the employees easily with in UK, they do a kind of creating some disturbance to employees, if this is the case, would there be any chance that the Employer can report to UKBA in case if employees switch from Tier 2 ICT main applicant to Tier 4 dependent and if they do it, would it be any problem while applying ILR under 10 years route in future, would there be any chance that UKBA take an action upon the employees, please help me on this query, thank you.
First of all keep all your ILR queries in this post. Secondly there is no UKBA. It was disbanded in 2013.
Switching to a different visa category has nothing to do with your current employer/sponsor. If you successfully switch, your sponsor can't do anything as they will not be your sponsor anymore. Long residence ILR is based on lawful residence ONLY. Your employers are not relevant as long as you worked legally. There is no evil channel available for reporting employees to UKVI in order for them to get back at you :lol:
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

sk9988
Newly Registered
Posts: 11
Joined: Sun Sep 15, 2019 6:56 pm

Re: Long Residency 10 Years route query

Post by sk9988 » Tue Jan 21, 2020 11:22 pm

Thank you, this is really helped, this question might be silly but we don't know how it works,
1.Thought we can convert Tier 2 ICT to Tier 4 dependent with in UK but if the employer wants to send us back to home country and ask us to serve the notice period there and if we don't do it and resign here itself, would the employer complain to UKVI and would that effect the ILR while applying though lawfully stayed in UK with both Tier 2 ICT and Tier 4 dependent.
2. Also, if the employer refuses to give any supporting letter for ILR, still we can apply for ILR and get it without employer supporting document, thank you.

User avatar
Zimba
Moderator
Posts: 11485
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Long Residency 10 Years route query

Post by Zimba » Wed Jan 22, 2020 1:05 am

As I repeated above, it is NOT up to your employer and they have no power to force you to do anything. Unless they terminate your employment and report your employment termination to UKVI. This also has no effect on your long residence ILR even if your T2 visa is curtailed. ILR under long residence does not require anything from them at all
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

sk9988
Newly Registered
Posts: 11
Joined: Sun Sep 15, 2019 6:56 pm

Re: Long Residency 10 Years route query

Post by sk9988 » Thu Jan 23, 2020 2:18 pm

Thank your reply, In case if the spouse is left with 5 only months Tier 4 main applicant visa and if applying as Tier 4 dependent time, would the applicant get the Tier 4 dependent visa as the Tier 4 main applicant is left with only 5 months? or the Tier 4 dependent visa may get rejected as the Tier 4 main applicant is left with only 5 months?, is there any rule/restriction to apply the Tier 4 dependent visa before the Tier 4 main applicant visa is getting lapse, please advise?, thank you.

User avatar
Zimba
Moderator
Posts: 11485
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Long Residency 10 Years route query

Post by Zimba » Thu Jan 23, 2020 2:48 pm

Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

sk9988
Newly Registered
Posts: 11
Joined: Sun Sep 15, 2019 6:56 pm

Re: Long Residency 10 Years route query

Post by sk9988 » Sun Feb 16, 2020 6:20 pm

Hi,

In case if the Tier 2 ICT candidate (who is looking to apply ILR under 10 years route) is migrating to Tier 4 dependent, at the time of applying his ILR under 10 years route, does the candidate require to show any letters or evidences from employer i.e does he require to show any documents from the employer at the time of applying ILR?

Thank you.

User avatar
CR001
Moderator
Posts: 68803
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Long Residency 10 Years route query

Post by CR001 » Sun Feb 16, 2020 6:31 pm

does the candidate require to show any letters or evidences from employer i.e does he require to show any documents from the employer at the time of applying ILR?
No!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

sk9988
Newly Registered
Posts: 11
Joined: Sun Sep 15, 2019 6:56 pm

Re: Long Residency 10 Years route query

Post by sk9988 » Sun Feb 16, 2020 7:14 pm

Thank you so much for your kind reply

sk9988
Newly Registered
Posts: 11
Joined: Sun Sep 15, 2019 6:56 pm

Re: Long Residency 10 Years route query

Post by sk9988 » Sun Feb 16, 2020 7:18 pm

---------

Hi,

I thoroughly gone through the document attached, no where it has clearly mentioned, how soon the dependent can apply the dependent visa if the Tier 4 main applicant visa is lapsing with in 6 months?, I mean if they apply 5 months if the visa is getting lapse would be fine or still they can apply if the visa is lapsing in last 3 months too?, please advise.

User avatar
Zimba
Moderator
Posts: 11485
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Long Residency 10 Years route query

Post by Zimba » Mon Feb 17, 2020 12:20 am

It is the same length as the partner visa
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

sk9988
Newly Registered
Posts: 11
Joined: Sun Sep 15, 2019 6:56 pm

Re: Long Residency 10 Years route query

Post by sk9988 » Mon Feb 17, 2020 8:57 am

Hi,

Thank you, Sorry the question is, if the Tier 4 main applicant visa is left with 3 months only then the spouse can apply the Tier 4 dependent visa or will it be rejected due to Tier 4 main applicant visa is left only with 3 months?, please advise.

Thank you.

User avatar
Zimba
Moderator
Posts: 11485
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Long Residency 10 Years route query

Post by Zimba » Mon Feb 17, 2020 4:33 pm

UKVI will determine if it is appropriate to grant visa or not.
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

sk9988
Newly Registered
Posts: 11
Joined: Sun Sep 15, 2019 6:56 pm

Re: Long Residency 10 Years route query

Post by sk9988 » Sun Feb 23, 2020 12:36 pm

Thank you for your kind reply always, could you also please look into my below query:

I was out and in side UK in 2013 in below periods, rest all years I am with in UK from 2011 until 2020 with valid visa, am I eligible to apply ILR under 10 years route in 2021?, please advise?
in 2013 First Gap - out side UK ---- 150 days
in 2013 In side UK after first Gap ---- 10 days
in 2013 Outside UK ---- 120 days

in 2013 I stayed 10 days with in UK but before and after I had less than 180 days gap but if you calculate it would be 270days, would this be a problem to apply ILR under 10 years route, rest of all years I was in UK, please advise?, thank you

User avatar
Zimba
Moderator
Posts: 11485
Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
Mood:

Re: Long Residency 10 Years route query

Post by Zimba » Sun Feb 23, 2020 4:51 pm

It is fine. The total absence limit is 540 days
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

Post Reply
cron