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ILR query:very urgent, need expert advice

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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meetnature
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ILR query:very urgent, need expert advice

Post by meetnature » Tue Jan 15, 2013 7:43 am

Hello,

We need urgent advice for eligibility for ILR.
Initially on HSMP issued on 15.02.2008.Extended to Tier 1 in 2010 till 15.02.2013.
Our doubt is regarding the starting of 5 year period.
First entry on HSMP visa on 29.03.2008 but just for one week for interviews. Left UK on 07.04.2008.
After that came again on 28th June,2008 for permanent job and till then the absences are just in accordance with annual leave (regular 3-4 weeks absence for trip to India).

In our case the start of continuous period will be from 15.2.2008 or 29.03.2008 or from 28.06.2008.ALso, if we show absence from april to june 2008,do we need to submit any evidence for that absence.

Please advise.

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Re: ILR query:very urgent, need expert advice

Post by wpilr_nov12 » Tue Jan 15, 2013 9:18 am

meetnature wrote:Hello,

We need urgent advice for eligibility for ILR.

Initially on HSMP issued on 15.02.2008.
First entry on HSMP visa on 29.03.2008
Left UK on 07.04.2008.
came again on 28th June,2008
Extended to Tier 1 in 2010 till 15.02.2013.

...
In our case the start of continuous period will be from 15.2.2008 or 29.03.2008 or from 28.06.2008.ALso, if we show absence from april to june 2008,do we need to submit any evidence for that absence.

Please advise.
1. You can take advantage of the 'count from EC date' as you first entered on HSMP visa within 90 days of issue.
2. You are allowed no more than 180 days absence each 12 month period, counting backward from your date of application. But your delayed entry does not count as absence.

Your 5 year period starts on EC date 15/2/08. Also, you would be better off preparing a letter listing your absences, particularly why the immediate absence after your first arrival to UK.

Good Luck.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

meetnature
Newly Registered
Posts: 4
Joined: Tue Jan 15, 2013 6:49 am

Post by meetnature » Tue Jan 15, 2013 9:43 am

Thanks for the quick reply.
I just wonder what reason needs to be mentioned for my absence from 07.04.2008 and 28.06.008.I basically went back to india to wind up all the things and served the notice period of my previous employer.
Do you think this reply can go negative or it doesn't matter?

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Tue Jan 15, 2013 10:11 am

meetnature wrote:Thanks for the quick reply.
I just wonder what reason needs to be mentioned for my absence from 07.04.2008 and 28.06.008.I basically went back to india to wind up all the things and served the notice period of my previous employer.
Do you think this reply can go negative or it doesn't matter?
You cannot 'invent' reasons.

However, a person in your situation would probably have domestic business to take care of or make arrangements for, in addition to existing job related responsibilities.

I don't think your reply would go negative. However, trying to keep it simple would certainly help.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

Bildor
Junior Member
Posts: 58
Joined: Wed Dec 22, 2010 3:52 pm

Post by Bildor » Tue Jan 15, 2013 10:16 am

meetnature,

i have similar case with you.

Not sure how best to handle it also.

In terms of the guidance and laws, you haven't broken continuous period.

Just have to hope for the best

humanvoid
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Posts: 134
Joined: Fri Dec 14, 2012 4:09 pm

Post by humanvoid » Tue Jan 15, 2013 10:34 am

meetnature wrote:Thanks for the quick reply.
I just wonder what reason needs to be mentioned for my absence from 07.04.2008 and 28.06.008.I basically went back to india to wind up all the things and served the notice period of my previous employer.
Do you think this reply can go negative or it doesn't matter?
DO NOT mention your previous employment under any circumstances. I have received clear response for UKBA that this will break your 5 years, it is explicitly stressed in "continuous" guidance.

meetnature
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Post by meetnature » Tue Jan 15, 2013 4:03 pm

I have contacted few solicitors and all have different opinion.

Reply from one of the solicitor is :

You need to be able to show 5 years continuity in the UK in the relevant immigration categories in order to apply. Your leave as HSMP and Tier 1 (General) are relevant categories, but as you know I had concerns whether you could, if you made an application in February demonstrate a full 5 years.

The relevant dates are:

- 15 February 2008 – HSMP visa granted

- 29 March 2008 -entry for interviews

- 28 June 2008 – entry in order to start work

You will note from the application form at question.6.1 that you are asked to state the date you entered the UK , this being the beginning of the period of your stay on which you application is based. This is the relevant date for calculating continuity. The date on which your visa was granted is not relevant to this calculation. The question then arises whether if the first date was March or June 2008, you can submit an application for ILR in early February 2013.

I have checked the most recent guidance on calculating continious periods for the purposes of ILR applications which was issued in December 2012:

(http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

This provides (see page 12):

“The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.”

If the relevant date of your entry was 28 June 2008, the earliest you could make an ILR application would therefore be 29 March 2013, (ie no more than 90 days before entry) however, since your current leave expires on 15 February 2013, this is not possible.

If the relevant date of entry was 29 March 2008, the above guidance would appear to be of assistance – since an application made in w/c 4 February 2013, would be less than 90 days before the 29 March, however, the guidance also says in relation to absences generally:

“ If the absences are in connection with other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.”

You have told me that you left the Uk in early April 2008, after your interviews, and returned to work for your then employer in France, and then took some time off on holiday in India. It seems to me that the period you spent working for your old employer will therefore break your continuity, so that the relevant date is 28 June 2008.

The effect of this is that you are not yet in a position to apply for ILR. I have checked my understanding with colleagues over the weekend, and they have confirmed they agree with my analysis.



ACcording to her it juts now depends upon caseworker , how extremely he/she takes that absence. Case can be cleared or it can be suspended. She has some concerns for this.

Any suggestions??

Bildor
Junior Member
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Joined: Wed Dec 22, 2010 3:52 pm

Post by Bildor » Tue Jan 15, 2013 4:20 pm

did any solicitor give you a more positive answer?

meetnature
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Joined: Tue Jan 15, 2013 6:49 am

Post by meetnature » Tue Jan 15, 2013 4:36 pm

As such when you contact solicitors for the first time, they say yeah it should be okay, but this solicitor has studied the case thoroughly with all the details.

Really confused what to do.

humanvoid
Member
Posts: 134
Joined: Fri Dec 14, 2012 4:09 pm

Post by humanvoid » Tue Jan 15, 2013 4:53 pm

Do not get too stressed out, wpilr_nov12 gave you a hint above, you must have had another reason(s) for this journey.
Remember, you do not need to provide evidence as long as reason is not compassionate.

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