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Tier 2 Gen ILR 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.

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Vineeth1217
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Tier 2 general Maximum stay outside

Post by Vineeth1217 » Fri May 11, 2018 9:59 am

Hi All,

I m confused with the 180 days calculation part, I m on Tier 2 General Visa under TCS and entered on 26th August 2014.

I have been going to India recently for couple of months and a month like I m making sure that i m under 180 days.

I m little confused how the days are calculated is the from Jan to Dec or something other way ?.

When going for ILR how does they calculate the no of days ? will they go backwards from the date applied ?

Thanks all for your help

Thanks,
Vineeth

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CR001
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Re: Tier 2 general Maximum stay outside

Post by CR001 » Fri May 11, 2018 10:01 am

No it is not calculate on calendar years. The limit is no absence of 180 days or more in ANY 12 month rolling period. You are no longer able to split absences into two different 12 month cycles counting backwards from date of ILR application.
Char (CR001 not Casa)
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ashishkm
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Re: Tier 2 general Maximum stay outside

Post by ashishkm » Fri May 11, 2018 10:09 am

CR001 wrote:
Fri May 11, 2018 10:01 am
No it is not calculate on calendar years. The limit is no absence of 180 days or more in ANY 12 month rolling period. You are no longer able to split absences into two different 12 month cycles counting backwards from date of ILR application.
Sorry, I too need some clarification here and peeping in

So if my Tier 2 Gen stamped in May-2018, my 12 month rolling cycle starts in every May till 2023 isn't it? So I have to avoid 180 days or more absence from UK (May to Apr) in every year?
Am I right

Also kindly clarify if this is true for dependants too?

Thanks in advance
Last edited by ashishkm on Fri May 11, 2018 10:13 am, edited 1 time in total.

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CR001
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Re: Tier 2 general Maximum stay outside

Post by CR001 » Fri May 11, 2018 10:13 am

ashishkm wrote:
Fri May 11, 2018 10:09 am
CR001 wrote:
Fri May 11, 2018 10:01 am
No it is not calculate on calendar years. The limit is no absence of 180 days or more in ANY 12 month rolling period. You are no longer able to split absences into two different 12 month cycles counting backwards from date of ILR application.
Sorry, I too need some clarification here and peeping in

So if my Tier 2 Gen stamped in May-2018, my 12 month rolling in every May till 2023 isn't it? So I have to avoid 180 days or more absence from UK May to Apr in every year?
Am I right

Also kindly clarify if this is true for dependants too?

Thanks in advance
No. ANY 12 month rolling period. It is not 12 month cycles anymore.
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.

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ashishkm
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Re: Tier 2 general Maximum stay outside

Post by ashishkm » Fri May 11, 2018 10:15 am

CR001 wrote:
Fri May 11, 2018 10:13 am
ashishkm wrote:
Fri May 11, 2018 10:09 am
CR001 wrote:
Fri May 11, 2018 10:01 am
No it is not calculate on calendar years. The limit is no absence of 180 days or more in ANY 12 month rolling period. You are no longer able to split absences into two different 12 month cycles counting backwards from date of ILR application.
Sorry, I too need some clarification here and peeping in

So if my Tier 2 Gen stamped in May-2018, my 12 month rolling in every May till 2023 isn't it? So I have to avoid 180 days or more absence from UK May to Apr in every year?
Am I right

Also kindly clarify if this is true for dependants too?

Thanks in advance
No. ANY 12 month rolling period. It is not 12 month cycles anymore.
Sorry for being thick, I didnt understand.

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CR001
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Re: Tier 2 general Maximum stay outside

Post by CR001 » Fri May 11, 2018 10:21 am

ashishkm wrote:
Fri May 11, 2018 10:15 am
CR001 wrote:
Fri May 11, 2018 10:13 am
ashishkm wrote:
Fri May 11, 2018 10:09 am
CR001 wrote:
Fri May 11, 2018 10:01 am
No it is not calculate on calendar years. The limit is no absence of 180 days or more in ANY 12 month rolling period. You are no longer able to split absences into two different 12 month cycles counting backwards from date of ILR application.
Sorry, I too need some clarification here and peeping in

So if my Tier 2 Gen stamped in May-2018, my 12 month rolling in every May till 2023 isn't it? So I have to avoid 180 days or more absence from UK May to Apr in every year?
Am I right

Also kindly clarify if this is true for dependants too?

Thanks in advance
No. ANY 12 month rolling period. It is not 12 month cycles anymore.
Sorry for being thick, I didnt understand.
It is not counted from month x to month y 5 times (for the 5 years for ILR).

It is any 12 months period (could be june to may or could be feb to Jan). Previously you could use 12 months cycles counting backwards from date you apply for ILR, i.e. applying in June, so your 12 months cycles are 5 x May to June and you could have 180 days absence in each 12 month cycle and you had the ability to split a lengthy absence into 2 separate May to June cycles. This is no longer possible, it is now 180 days in any 12 month rolling period.
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.

Vineeth1217
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Re: Tier 2 general Maximum stay outside

Post by Vineeth1217 » Fri May 11, 2018 10:25 am

Thanks for your response.Sorry for weird question coming back to your post
"it is now 180 days in any 12 month rolling period" ? when does a rolling period starts is it from Jan 1 to dec 31 ?

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ashishkm
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Re: Tier 2 general Maximum stay outside

Post by ashishkm » Fri May 11, 2018 10:26 am

CR001 wrote:
Fri May 11, 2018 10:21 am
ashishkm wrote:
Fri May 11, 2018 10:15 am
CR001 wrote:
Fri May 11, 2018 10:13 am
ashishkm wrote:
Fri May 11, 2018 10:09 am


Sorry, I too need some clarification here and peeping in

So if my Tier 2 Gen stamped in May-2018, my 12 month rolling in every May till 2023 isn't it? So I have to avoid 180 days or more absence from UK May to Apr in every year?
Am I right

Also kindly clarify if this is true for dependants too?

Thanks in advance
No. ANY 12 month rolling period. It is not 12 month cycles anymore.
Sorry for being thick, I didnt understand.
It is not counted from month x to month y 5 times (for the 5 years for ILR).

It is any 12 months period (could be june to may or could be feb to Jan). Previously you could use 12 months cycles counting backwards from date you apply for ILR, i.e. applying in June, so your 12 months cycles are 5 x May to June and you could have 180 days absence in each 12 month cycle and you had the ability to split a lengthy absence into 2 separate May to June cycles. This is no longer possible, it is now 180 days in any 12 month rolling period.
Wonderful, thanks alot of detailed answer. I think now I understood.

Vineeth1217
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Maximum days for Absence in a year for ILR

Post by Vineeth1217 » Sat May 12, 2018 2:51 am

Hi Guys,

I m due for my ILR this year. I m checking my visits to India, In the last my visit to India due to some medical Issue was Quite often but the number of days didn't exceeded 180, it was around 140 days, Could you please let me know will it be a problem applying for ILR.


Thanks,
Vineeth

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Re: Tier 2 general Maximum stay outside

Post by vinny » Sat May 12, 2018 3:24 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Re: Tier 2 general Maximum stay outside

Post by vinny » Sat May 12, 2018 3:30 am

If you didn’t exceed 180 days in any twelve month period, then you should be okay. Employer’s letter required.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Vineeth1217
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Re: Tier 2 general Maximum stay outside

Post by Vineeth1217 » Sat May 12, 2018 4:09 am

vinny wrote:
Sat May 12, 2018 3:30 am
If you didn’t exceed 180 days in any twelve month period, then you should be okay. Employer’s letter required.
Thanks Vinny in any 12 month period how do I calculate and I was not continuously absent it’s like a three weeks in India and then back to Uk for six months and then another more month of outside Uk

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Re: Tier 2 general Maximum stay outside

Post by sparkyram » Tue May 15, 2018 10:57 am

Hello Vineeth,

I understand that you are going for more than 2 months outside UK. In that the case, is All are annual leaves ?or you are going to have any unpaid leaves ? because unpaid leaves more than 4 weeks will impact your ILR Application.

Will you get paid in UK salary during your trip ?

Vineeth1217
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Re: Tier 2 general Maximum stay outside

Post by Vineeth1217 » Tue May 15, 2018 11:09 am

sparkyram wrote:
Tue May 15, 2018 10:57 am
Hello Vineeth,

I understand that you are going for more than 2 months outside UK. In that the case, is All are annual leaves ?or you are going to have any unpaid leaves ? because unpaid leaves more than 4 weeks will impact your ILR Application.

Will you get paid in UK salary during your trip ?
Thanks for your response, yup i get paid in UK salary during my trips to India

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Re: Maximum days for Absence in a year for ILR

Post by KenBossini » Tue May 15, 2018 1:24 pm

Vineeth1217 wrote:
Sat May 12, 2018 2:51 am
Hi Guys,

I m due for my ILR this year. I m checking my visits to India, In the last my visit to India due to some medical Issue was Quite often but the number of days didn't exceeded 180, it was around 140 days, Could you please let me know will it be a problem applying for ILR.


Thanks,
Vineeth
Hi

In your first post, you have mentioned that you entered the UK on 26th August 2014. I don't think you qualify for ILR this year under the T2 5 year route. Anyway, if you post your entire UK immigration history (including absences) here, someone might be able to answer your question more accurately.

K.

Vineeth1217
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Tier 2 ILR General Query

Post by Vineeth1217 » Tue Jun 12, 2018 12:49 pm

Hi Team,

I am tier-2 general, I am in UK almost for 5 years, in that 5 years, i went to offshore and worked there for 1 month (got only offshore salary not UK) and returned back, will this affect my ILR application, but i haven't been outside UK for more than 40 days in any 12 months period.

Thanks

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Re: Tier 2 general Maximum stay outside

Post by CR001 » Wed Jun 13, 2018 8:32 am

vinny wrote:
Sat May 12, 2018 3:24 am
Posts merged.
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.

sparkyram
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Re: Tier 2 ILR General Query

Post by sparkyram » Wed Jun 13, 2018 6:29 pm

Vineeth1217 wrote:
Tue Jun 12, 2018 12:49 pm
Hi Team,

I am tier-2 general, I am in UK almost for 5 years, in that 5 years, i went to offshore and worked there for 1 month (got only offshore salary not UK) and returned back, will this affect my ILR application, but i haven't been outside UK for more than 40 days in any 12 months period.

Thanks
As long as you get the letter from employer that your leave from UK is authorized (Either its short secondment or any annual leaves ) you should be fine. Even if its unpaid leave , if its less than 4 weeks in a calendar year and its authorized by employer through letter you should be fine.

Leave it to other members to comment on this...

Vineeth1217
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** UK NARIC Type of Services needed for ILR, Tier 2 General

Post by Vineeth1217 » Tue Apr 16, 2019 4:00 pm

Hi All,

I m due for my ILR in June, got a quick question. I've applied for UK NARIC English assessment selected option was UK Visa and Nationality. I got my assessment letter from NARIC, following are the documents what i received
1.Statement Letter from NARIC
2.English Language proficient Statement
3.Academic Qualification Level Statement.

I've seen few forums declaring that Statement of Comparability is also needed for ILR .

Could you guys help me if SOC from NARIC is needed or the above is sufficient.

Thanks,

Vineeth1217
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Tier 2 Gen ILR Query

Post by Vineeth1217 » Mon Jun 17, 2019 7:04 pm

Hi All,

I m planning to apply ILR next week couple of questions could experts please help me out here.

1. My Visa Issue date is on 22 nd July 2014 and Entry date to UK is 26th Aug 2014, I m good to apply Issue date - 28 Days, In that case what i can put when is my entry date in UK in set O application

2. How do i enter absences in set O form for gap between visa issue date and entry date.


Many thanks for the Help

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