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SET(O): Absences from the UK details

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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danmar
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Question about "when to apply" for ILR

Post by danmar » Mon Nov 18, 2019 3:39 pm

Hi everyone,

I hope you are well.

I'd like to know when is the earliest I can apply for my Indefinite Leave to Remain according to the following circumstances, I've came as a student on a Tier 4 visa the 13th of Sept 2013 and eventually found a job and a Tier 2 sponsor, since then I've had two Tier 2 visas with the same employer

Visa 1:
Date of Issue: 05-12-2014
Valid until: 09-02-2018

Visa 2
Date of Issue: 18-12-2017
Valid until: 23-02-2020

From what I've read the regulation states the following:
You can apply for settlement up to 28 days before you will reach the qualifying period if you apply earlier than that, your application may be refused. Otherwise your qualifying period will either be the 5 years immediately before the date you apply for settlement or the 5 years immediately before the date your settlement application is decided, depending which is most beneficial for you. If you have spent more than 5 years in the United Kingdom, we will only consider the most recent 5 year period
According to that paragraph and the dates I stated before, I should have been able to apply 28 days before the 5th of December 2019. Is that correct? or should I apply 28 days before my visa expires, which is the 23rd of February 2020?

Please let me know.

Thanks for your time and help,

Dan.

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zimba
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Re: Question about "when to apply" for ILR

Post by zimba » Mon Nov 18, 2019 3:50 pm

28 days before the 5th of December 2019
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

danmar
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Re: Question about "when to apply" for ILR

Post by danmar » Mon Nov 18, 2019 3:58 pm

Zimba wrote:
Mon Nov 18, 2019 3:50 pm
28 days before the 5th of December 2019
Thanks for the prompt reply Zimba! I'll get my documentation ready then :D :D

danmar
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SET(O): Absences from the UK details

Post by danmar » Thu Dec 12, 2019 1:46 pm

Hi immigration boards team,

I hope you are all well.

I have a question regarding the level of detail that has to be stated while declaring the absences from the country while under a Tier 2 visa. I'm filling the form for a SET(O) online and the form mentions:
What was the reason for this time spent outside the UK and Crown Dependencies?
Provide reasons, including if you were travelling through, for each country you spent time in during this period of absence
So if during one absence I traveled, let say, through Spain and France, should I add that absence twice separating the dates? lets say, one entry for France from 01/01/2015 until 05/01/2015 and another entry for Spain from 06/01/2015 until 10/01/2015? The problem is the system only allows me to add one country per absence. Or should I only add a single entry adding the first country I visited during that absence i.e.: France from 01/01/2015 until 10/01/2015?

If my wording is not clear please let me know and I can try to be more explicit.

Thanks for your time and help,

Daniel.

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zimba
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Re: SET(O): Absences from the UK details

Post by zimba » Thu Dec 12, 2019 2:02 pm

No need to enter those details. The countries you visited are irrelevant only the period of absence is of interest
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

danmar
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Re: SET(O): Absences from the UK details

Post by danmar » Thu Dec 12, 2019 2:05 pm

Thanks Zimba for your incredibly quick and clear reply, you're the best! have a great day

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