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Listing of absences

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gojilamonsteros
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Listing of absences

Post by gojilamonsteros » Wed Jan 19, 2011 11:48 pm

Hi everyone, I have been searching the immigration board topics about this question but couldn't find an answer. I apologise if this is a repetition from previous discussions

I arrived in the UK on 22 August 2001 as a student and was on a student visa until 31 August 2004.
I graduated as a medical doctor in August 2004 and was on permit free visas until I gain HSMP (issued 24 October 2006, expired 23 October 2008 and followed by Tier 1 (general) visa (issued 13 October 2008 and expiring 23 October 2011. I am therefore eligible to apply for ILR come September 2011 after the 5 year HSMP/Tier 1 combo

I was reading the SET (O) form and came across the list all absences section.

My questions are;
1 Do I have to declare all abscences from 22 August 2001 or do I just have to declare all abscences from October 2006 to September 2011? I have been good these past 5 years and not gone beyond my 180 days in the last 5 years.

2. Also, do I need to do Life in the UK test? I have been told by some that I do not have to do it as I applied Tier 1 under judicial review.

Many thanks

xyz123
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Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Thu Jan 20, 2011 11:27 am

What tier 1 judicial review? did you mean HSMP judicial review?

only need to declare absences since start of qualifying period of ILR (i.e. date on which HSMP was stamped in passport).

gojilamonsteros
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Posts: 13
Joined: Sun Sep 07, 2008 9:36 pm

Post by gojilamonsteros » Thu Jan 20, 2011 11:36 am

Oops, sorry HSMP judicial review.

xyz123, thanks very much. This will save me the hassle of recalling all abscences since 2001. So just to confirm, just list all abscences since 24 October 2006 then? The form also ask for the date when I first entered the UK, do I tell them 22 August 2001 which is the date i officially came to the UK?

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Fri Jan 21, 2011 1:52 pm

gojilamonsteros wrote:Oops, sorry HSMP judicial review.

xyz123, thanks very much. This will save me the hassle of recalling all abscences since 2001. So just to confirm, just list all abscences since 24 October 2006 then? The form also ask for the date when I first entered the UK, do I tell them 22 August 2001 which is the date i officially came to the UK?
there is a clear note on the form section 6.1- which reads "When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based."

so for those who switched from a non ILR qualifying category visa (e.g. student/visitor etc) to a ILR qualifying category visa (e.g. work permit / tier 1-2 etc) while still remaining in UK, enter the date on which your first work permit / tier 1 was stamped. so in your case its October 2006.

this is of course subject to ILR rules not changing in next 8 months...

gojilamonsteros
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Post by gojilamonsteros » Fri Jan 21, 2011 3:17 pm

Thanks again xyz123. These are uncertain times...

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