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You are Ok if you plan applying on 1st November. So far you submit your application before expiration of current leave i.e. before 25.11.2020 then you are Ok. No matter how long the processing takes, you still have same rights as was conferred on you by your previous valid leave under Section 3C and this means you retain your right to work till the outcome of your application.alex132 wrote: ↑Sun Oct 04, 2020 7:29 pmI am wondering when can I apply ILR. I know that it is 28 dys before complete 5 years of Tier 2.
My Tier 2 expired after 5 years is on 25th November 2020.
I can start apply on 1st November 2020 (28 days before 25th November 2020), i am wonder how long the decision will make as my Tier 2 visa going to expired and i do not have the right to work in UK.
You can apply only when you complete 5 years minus 28 days counting from initial visa issue date. The date of application is the date you pay and apply online. Biometrics date is irrelevant. Once you apply in time i.e. after you qualify and before visa expiry, you will be covered by Section 3c as mentioned by the previous member. Your employer will be able to carry out an ECS check once you provide your employer with the UAN. It will come back fine. The ECS check will be valid for 6 months before the employer needs to carry it out again.alex132 wrote: ↑Sun Oct 04, 2020 7:29 pmI am wondering when can I apply ILR. I know that it is 28 dys before complete 5 years of Tier 2.
My Tier 2 expired after 5 years is on 25th November 2020.
I can start apply on 1st November 2020 (28 days before 25th November 2020), i am wonder how long the decision will make as my Tier 2 visa going to expired and i do not have the right to work in UK.
You can even use the date of the issuance of first tier 2 visa in calculating your 5 years minus 28 days, and the same may enable you to even apply earlier than on 1st November 2020. Also, until the positive outcome of your application, you will still be tied up with your tier 2 sponsor despite the section 3c will be engaged.
For a new bank account opening you should open before visa expiry, otherwise you will have to wait and yes you can not travel outside UK after you apply and till a decision is made. If you do, your application will be withdrawn.
CULLINAN wrote: ↑Sun Oct 04, 2020 8:14 pmYou can apply only when you complete 5 years minus 28 days counting from initial visa issue date. The date of application is the date you pay and apply online. Biometrics date is irrelevant. Once you apply in time i.e. after you qualify and before visa expiry, you will be covered by Section 3c as mentioned by the previous member. Your employer will be able to carry out an ECS check once you provide your employer with the UAN. It will come back fine. The ECS check will be valid for 6 months before the employer needs to carry it out again.alex132 wrote: ↑Sun Oct 04, 2020 7:29 pmI am wondering when can I apply ILR. I know that it is 28 dys before complete 5 years of Tier 2.
My Tier 2 expired after 5 years is on 25th November 2020.
I can start apply on 1st November 2020 (28 days before 25th November 2020), i am wonder how long the decision will make as my Tier 2 visa going to expired and i do not have the right to work in UK.
Tier 2 can take 2 weeks to 6 months on standard route. Many recent applicants are receiving ILR via Tier 2 within 2-4 weeks. Having said that, it may take longer also.
I am preparing for next 5 years. (Am I allow to ask this question in this board? I do not want to get ban. I just want to prepare myself ahead)CR001 wrote: ↑Mon Oct 05, 2020 6:01 amHow do you qualify for ilr based in 5 years residence on tier 2 if you only switched to tier 2 this year from tier 4???
uk-tier-2-employer-sponsored-visas/refu ... l#p1927986
Yes, any absence of 180 days in any 12 month rolling period is a break in continuous Residence and you won't be eligible for ILR, as the rules are now!!!alex132 wrote: ↑Fri Oct 09, 2020 12:49 pmIt said:
After 5 years of continuous residence in the UK, you may be eligible to apply for ILR if you meet the qualifying criteria at the time of application. Any consecutive period of absence outside of the UK of over 180 days or absences totalling more than 180 days from the UK in any 12 month rolling period preceding the date of the application for ILR, counted from the date of application, will be considered a break in residence and will impact your ability to apply for ILR.
Let say I away from UK below:
T2 Visa granted: 01-01-2020
Outside UK: 01-02-2020 to 01-03-2020 (30 days)
Outside UK: 01-04-2020 to 01-09-2020 (150 days)
Is this consider as 180days absence in total?
CR001 wrote: ↑Fri Oct 09, 2020 12:58 pmYes, any absence of 180 days in any 12 month rolling period is a break in continuous Residence and you won't be eligible for ILR, as the rules are now!!!alex132 wrote: ↑Fri Oct 09, 2020 12:49 pmIt said:
After 5 years of continuous residence in the UK, you may be eligible to apply for ILR if you meet the qualifying criteria at the time of application. Any consecutive period of absence outside of the UK of over 180 days or absences totalling more than 180 days from the UK in any 12 month rolling period preceding the date of the application for ILR, counted from the date of application, will be considered a break in residence and will impact your ability to apply for ILR.
Let say I away from UK below:
T2 Visa granted: 01-01-2020
Outside UK: 01-02-2020 to 01-03-2020 (30 days)
Outside UK: 01-04-2020 to 01-09-2020 (150 days)
Is this consider as 180days absence in total?
Alex132, pick any date of the year and the next 364/5 days that makes it a year is what is referred to as rolling period.
Noted, so any start date to 364/365 as 12 months.AmazonianX wrote: ↑Fri Oct 09, 2020 1:59 pmAlex132, pick any date of the year and the next 364/5 days that makes it a year is what is referred to as rolling period.
Not the set year start to year end as your example above.
Yes, correct. But if they implement new rules, they will said starting from 2021, the new rules apply.CR001 wrote: ↑Fri Oct 09, 2020 2:34 pmThe absence is ONLY relevant to your time on Tier 2. So ANY absence of 180 days in ANY 12 months rolling period breaks continuity for ILR.
indefinite-leave-to-remain/big-changes- ... l#p1647376
Important to note that you are asking about potential ILR in 2025 only. No one on the forum can tell you what the rules will be at that time.
Keep yourself informed/updated. If there isalex132 wrote: ↑Fri Oct 09, 2020 3:46 pmYes, correct. But if they implement new rules, they will said starting from 2021, the new rules apply.CR001 wrote: ↑Fri Oct 09, 2020 2:34 pmThe absence is ONLY relevant to your time on Tier 2. So ANY absence of 180 days in ANY 12 months rolling period breaks continuity for ILR.
indefinite-leave-to-remain/big-changes- ... l#p1647376
Important to note that you are asking about potential ILR in 2025 only. No one on the forum can tell you what the rules will be at that time.
But at this moment, T2 need understand the rules for T2 now until new rules.
So, T2 visa start date to 365/364 days, no total 180 days absence.
