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ILR Application Date - Stayed more than 180 days away from UK

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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rahne
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ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Sun Jan 13, 2019 7:40 pm

Hi All,

I would like to know when can I go for ILR Application submission ? below is my Visa History.

1. I initially came as a student and later applied for PSW Visa
2. After PSW Visa I had applied for Tier 2 General Visa on 16/09/2013
3. I went back to my Home Country on 28/09/2013
4. I came back to UK on 02/06/2014. (After stayed 248 days away from UK due personal reasons and I didn't work from Home either)
5. I still has a Valid Visa until September 2019.


So, Can someone tell me when can I go for ILR Application?

Thanks in advance.

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by zimba » Sun Jan 13, 2019 11:21 pm

May 2019
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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Mon Jan 14, 2019 11:56 am

Thansk a lot for your reply

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Mon Jan 14, 2019 8:19 pm

Hi,

Two more queries

1. As I was away 248 days from UK, do I need to mention about this in ILR Application Form?
2. If Answer is "Yes" to above question then do I need to provide any evidence for my absence ?

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by grreg » Mon Jan 14, 2019 8:31 pm

Your situation is very similar to my own.
I have read the https://www.gov.uk/government/publicati ... riod-in-uk

I think you can apply for ILR in Jan-2019 as you count backwards from your date of ILR application.

Zimba can you please confirm if you still think it is May-2019?

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by zimba » Sat Jan 19, 2019 2:22 am

It is possible to apply now if you count the 180 days in the beginning as the valid, the trouble is under Tier 2 general route such long absences without very good reason are NOT acceptable so you will be safer in May.
rahne wrote:
Mon Jan 14, 2019 8:19 pm
Two more queries

1. As I was away 248 days from UK, do I need to mention about this in ILR Application Form?
2. If Answer is "Yes" to above question then do I need to provide any evidence for my absence ?
absences.

Yes, you need employer letter for all your absences and a 6 months absence in the beginning must be explained if you want to apply now
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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Sat Jan 19, 2019 8:44 am

Hi Zimba,

Thanks for your reply.
Zimba wrote:
Sat Jan 19, 2019 2:22 am
Yes, you need employer letter for all your absences and a 6 months absence in the beginning must be explained if you want to apply now

based on your reply - if I apply now I need to explain for my absences. Do I still required to explain about absences if I apply in may ?

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Thu Mar 28, 2019 7:18 pm

rahne wrote:
Sat Jan 19, 2019 8:44 am
Hi Zimba,

Thanks for your reply.
Zimba wrote:
Sat Jan 19, 2019 2:22 am
Yes, you need employer letter for all your absences and a 6 months absence in the beginning must be explained if you want to apply now

based on your reply - if I apply now I need to explain for my absences. Do I still required to explain about absences if I apply in may ?

Can anyone answer above mentioned query?

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Fri Mar 29, 2019 6:32 am

Hi Guys,

I am planning to apply for ILR in this May'2019..

I am currently filling online application form, there I can see a question like below

"When did you first enter UK ?
This is the date you entered the UK when the period of stay you are basing this application on started."


This question is confusing me a bit.. So, thought to ask you.. (below are my date of entries)

1. I entered UK on a Student Visa on 10/02/2010 and got PSW visa later.
2. After PSW Visa I had applied for Tier 2 General Visa on 16/09/2013
3. I went back to my Home Country on 28/09/2013
4. I came back to UK on 02/06/2014. (After stayed 248 days away from UK due personal reasons and I didn't work from Home either)

So, which date I need to enter in that question? 10/02/2010 or 16/09/2013 or 28/09/2013 ..?

Thanks in advance.

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by CR001 » Fri Mar 29, 2019 7:02 am

When did you first enter UK ?
This is the date you entered the UK when the period of stay you are basing this application on started."
What's confusing re highlighted bit about?? It clearly stated the period that this application is based on, ie 5 years tier 2 ILR.
4. I came back to UK on 02/06/2014. (After stayed 248 days away from UK due personal reasons and I didn't work from Home either)
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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Sat Mar 30, 2019 6:30 am

Hi CR001,

Thanks for providing clarity on the question.

If I put 02/06/2014 as Date of Entry then do you think that I still need to mention 248 days absence in the Absence letter? Please note 248 days absence before 02/06/2014

Thanks in advance.

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by CR001 » Sat Mar 30, 2019 12:47 pm

rahne wrote:
Sat Mar 30, 2019 6:30 am
Hi CR001,

Thanks for providing clarity on the question.

If I put 02/06/2014 as Date of Entry then do you think that I still need to mention 248 days absence in the Absence letter? Please note 248 days absence before 02/06/2014

Thanks in advance.
NO!!
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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Sat Mar 30, 2019 3:00 pm

Hi CR001,

Really thanks a lot for providing the details.

another question in application form..
Have you previously lived in a country outside the UK including your country of birth? a. Yes, b. No

do I need to say "yes" ? (currently living in UK but born in India).

Thanks in advance

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by CR001 » Sat Mar 30, 2019 3:14 pm

rahne wrote:
Sat Mar 30, 2019 3:00 pm
Hi CR001,

Really thanks a lot for providing the details.

another question in application form..
Have you previously lived in a country outside the UK including your country of birth? a. Yes, b. No

do I need to say "yes" ? (currently living in UK but born in India).

Thanks in advance
It is yes and list the countries lived in.
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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Sat Mar 30, 2019 4:00 pm

Hi CR001,

Thanks a lot.

Can you please see my current salary is satisfying the ILR Requirement?
SOC: 2136
Annual Salary: £36000
Weekly Hours worked: £37.50

Thanks in advance.

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by CR001 » Sat Mar 30, 2019 9:07 pm

HO calculates the salary based on 39 hours. That has to meet the ILR salary level.
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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Sun Mar 31, 2019 6:17 am

HI CR001,

Thanks for the info.

My employer mentioned 37.5 hrs per week in the CoS (last time when my Tier2 was extended). So, I thought to mention same in ILR application.

Do you see any problem with that? (You mentioned 39hr which a bit worried me)
or
If I change to 39hr or 40hr in ILR application will there be any problem?

Thanks in advance.

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Sun Mar 31, 2019 9:52 am

Hi CR001,

Adding to above,

My SOC: 2136
The minimum salary threshold If applying for ILR AFTER 6 April 2020: £35,800.
Minimum salary for my SOC Code: £32000

My current Salary is £36000.
Weekly working hours in CoS: 37.5 hr
UKVI Salary calculation based on: 39 hr

If I calculate based on 39 hr then salary will be: (36000 * 39) / 37.5 = £37440... will this not satisfy for ILR minimum salary threshold ?

If above calculation is wrong.. is that be OK to ask my employer increment my salary by 4% (from £36000 to £37500)? for this do my employer informed in SMS?

Thanks in advance

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Mon Apr 01, 2019 12:23 pm

Hi CR001,

My current Salary is £36000.

My employer is going to raise my salary by 5% from this April Month but I am planning to apply for ILR from May or June. Do you see any problems if the pay raise by 5% before ILR?

Thanks in advance

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by zimba » Mon Apr 01, 2019 1:28 pm

No as your salary was already above ILR threshold
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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Mon Apr 01, 2019 3:29 pm

Thanks a lot Zimba for answering the Query.

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Wed Apr 03, 2019 5:48 am

Hi Zimba,

Below two are Yes/No questions in the ILR application form. am I correct by selecting "NO" for both of the below questions? (as my bank account is only on my Name not a joint account)

1. Is the account with a bank or utility company for which you have supplied information and supporting documentation held jointly by you and other people?

2. Does the account with the bank or utility company for which you have supplied information and supporting documentation relate to another person who is to provide you financial support?

Thanks in advance

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by zimba » Wed Apr 03, 2019 12:38 pm

Correct the answer will be NO
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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by rahne » Thu Apr 25, 2019 11:32 am

Thanks Zimba for the reply..

one more query.. Do I need to send/scan "P60" as well ?

Thanks in advance.

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Re: ILR Application Date - Stayed more than 180 days away from UK

Post by zimba » Thu Apr 25, 2019 11:40 am

No
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