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

Zimba wrote: ↑

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.

Hi Zimba - hope you are doing good.
I have similar case, but I came on Tier-2 (ICT), Visa was first granted in 2009 (and came multiple times to UK since 2009) and same is getting renewed so far. But I was away nearly 1.2 yrs but I had valid visa when I was away in 2013-14 period (I was working with same employer at offshore during this period). is the 180 days absence is valid in the beginning of the 5 year period so that I can file my application 6 months in advance.
Thank you.

I have split your post to your own topic. Please refrain from tagging onto other members threads, it is unfair to other posters and creates confusion when members respond.

CR001 wrote: ↑

Tue Jan 22, 2019 8:55 pm

I have split your post to your own topic. Please refrain from tagging onto other members threads, it is unfair to other posters and creates confusion when members respond.

My apologies, I thought it would be easy to explain as the case was similar.. Thanks for splitting the post...

My advice remains the same. Very long absences under Tier 2 are generally not acceptable. The guide says:

Absences must be for a reason consistent with the original purpose of entry to the UK, or for a serious or compelling reason

and this applies to the Tier 2 category. You were given Tier 2 to work in the UK but you were absent for 1.2 years. How is that satisfying the allowable absences requirement ??

Zimba wrote: ↑

Wed Jan 23, 2019 8:18 pm

My advice remains the same. Very long absences under Tier 2 are generally not acceptable. The guide says:

Absences must be for a reason consistent with the original purpose of entry to the UK, or for a serious or compelling reason

and this applies to the Tier 2 category. You were given Tier 2 to work in the UK but you were absent for 1.2 years. How is that satisfying the allowable absences requirement ??

Thanks Zimba for your time and patience.

I understand that the 1.2 year break is not allowed if this 1.2year period falls in the 5 year period in the continuous stay calculation (from application date minus 5 years backward), but if we submit the application in such a way that only 180 days absence come in the beginning of the 5 year period, as the applicant came multiple times in the past with same visa since 2009. does it still not valid? As I believe, there is no rule stating that applicant must be present in UK on the beginning of the 5 year period (as in case of naturalization, i.e., applicant must be present in UK beginning of the 1 year period). and continuous period is not broken as per the document.

"The continuous period is maintained if the applicant either:
• leaves the UK with or without valid leave, but applies for new entry clearance
within 28 days of their leave expiry date, is granted and re-enters the UK using
that entry clearance
• leaves the UK with valid leave and re-enters the UK whilst that leave remains
valid " (Probably this would best suits this scenario we are discussing).

Thanks again for your time and advice.

That was not my argument. As I quoted from the Tier 2 guide, a long absence period even if it is less than 180 days per year must be consistent with the original purpose of entry to the UK, or for a serious or compelling reason.
The argument is that lets say you had only 170 days of absence in the beginning (below 180 days). Then what is your legitimate reason why you had such a long absence from the UK while on the Tier 2 general ?? You know that your employer must give you a letter for all your absences from the UK to be able to get ILR ???