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Calculating 90 days outside uk on tier 1 visa

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hiteshdargan
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Calculating 90 days outside uk on tier 1 visa

Post by hiteshdargan » Mon Oct 03, 2011 5:20 am

Hi

I have three questions

1) Staying outside the UK for more than 90 days affects only ILR and not your Tier 1 extension . True or False

2) When calculating 90 days outside the UK for ILR, is the day of leaving the UK and returning back. included or excluded

3) Is it 90 days outside the UK in one calendar year or in one trip

mulderpf
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Post by mulderpf » Mon Oct 03, 2011 9:13 am

1. True
2. Exclude
3. One trip

hiteshdargan
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Post by hiteshdargan » Wed Oct 05, 2011 4:53 am

if i am outside the uk for 100 days during the second year but less than 450 during the entire 5 yr period. Will i be considered for ILR

aruni4470
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Post by aruni4470 » Wed Oct 05, 2011 5:10 am

hiteshdargan wrote:if i am outside the uk for 100 days during the second year but less than 450 during the entire 5 yr period. Will i be considered for ILR
go through the below link
http://www.immigrationboards.com/viewtopic.php?t=79378

geriatrix
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Post by geriatrix » Thu Oct 06, 2011 4:57 pm

hiteshdargan wrote:Hi

I have a tier 1 visa which was granted on 9/11/2009 and i entered in the UK within 28 days.

Recently i came back to India as the job prospects here seemed more promising/ old age parents , however i am thinking about coming back. I have been outside the UK for 91 days now and if i travel in 2 days time that would be 93 days. Previously i have had two absences from the UK which where short holidays of two weeks each.

Will i be able to get ILR just by taking one extension or will I require two extensions

Please advise

Warm regards
Hitesh Dargan
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Thu Oct 06, 2011 5:02 pm

Any single absence of more than 90 days makes a settlement application subject to caseworker discretion. Given that your absence in question is personal in nature (not work-related, e.g.- overseas assignment authorised by employer), it is unlikely that the discretion will be in your favour.

Whether it is 91 days or 93 days or 100 or ...... is irrelevant because you have breached the 90 days limit already. Any single absence of more than 90 days effectively resets your ILR clock, i.e. - your ILR will now restart the day you return to UK, and accordingly, you will need more than 1 extension to qualify for settlement.
Life isn't fair, but you can be!

xyz123
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Post by xyz123 » Fri Oct 07, 2011 12:59 pm

hiteshdargan wrote:if i am outside the uk for 100 days during the second year but less than 450 during the entire 5 yr period. Will i be considered for ILR
where did you get reference to 450 days from? 450 days applies to citizenship only and not to ILR. Generally for ILR the absence limit is 180 days.

hiteshdargan
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Post by hiteshdargan » Sat Oct 08, 2011 7:25 am

sushdmehta wrote:Any single absence of more than 90 days makes a settlement application subject to caseworker discretion. Given that your absence in question is personal in nature (not work-related, e.g.- overseas assignment authorised by employer), it is unlikely that the discretion will be in your favour.

Whether it is 91 days or 93 days or 100 or ...... is irrelevant because you have breached the 90 days limit already. Any single absence of more than 90 days effectively resets your ILR clock, i.e. - your ILR will now restart the day you return to UK, and accordingly, you will need more than 1 extension to qualify for settlement.
How many extensions are allowed for tier 1 visa .

With possibilty of new rules on extension coming in , will people who have entered before April 2011 also be affected

Thank you in advance

mulderpf
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Post by mulderpf » Sat Oct 08, 2011 8:14 am

hiteshdargan wrote: How many extensions are allowed for tier 1 visa .
There's no limit as per the existing rules.
hiteshdargan wrote: With possibilty of new rules on extension coming in , will people who have entered before April 2011 also be affected
Nobody can tell you until they publish the rules.

geriatrix
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Post by geriatrix » Sat Oct 08, 2011 2:34 pm

hiteshdargan wrote:With possibilty of new rules on extension coming in
A figment of imagination, for now.
Life isn't fair, but you can be!

hiteshdargan
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Post by hiteshdargan » Wed Nov 30, 2011 10:44 am

Please tell me if i am correct

My Visa was granted on 9 november 2009 and i have been out of uk since 6 july 2011, so i have been outside uk for more than 90 days, which disqualifies me for ILR in one extension,

Now, if i enter the UK for one day before 5 december 2011, let's say 2 december 2011 (which resets my clock for ILR) , and then reenter within 90 days, get my first extension on 9 nov 2012 , second extension on 9 nov 2014. So on 9 nov 2016 will i need to apply for another extension or can i apply straight for ILR . 2 December 2011 to 9 November 2016 will be 24 days short of 5 yrs (will i be able to use the clause wherein you can file an application for ILR , 28 days before expiry of visa)

hiteshdargan
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Post by hiteshdargan » Thu Dec 01, 2011 3:31 pm

hiteshdargan wrote:Please tell me if i am correct

My Visa was granted on 9 november 2009 and i have been out of uk since 6 july 2011, so i have been outside uk for more than 90 days, which disqualifies me for ILR in one extension,

Now, if i enter the UK for one day before 5 december 2011, let's say 2 december 2011 (which resets my clock for ILR) , and then reenter within 90 days, get my first extension on 9 nov 2012 , second extension on 9 nov 2014. So on 9 nov 2016 will i need to apply for another extension or can i apply straight for ILR . 2 December 2011 to 9 November 2016 will be 24 days short of 5 yrs (will i be able to use the clause wherein you can file an application for ILR , 28 days before expiry of visa)
Hi, would be really grateful if somebody could reply on my query

geriatrix
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Post by geriatrix » Fri Dec 02, 2011 2:20 am

No one can tell you today what the rules and policy may be in the future.
That said, assuming current rules and policy will remain unchanged, you should enter UK on or before 06-Dec-11 else you'll need to apply for another extension in 2016.
Life isn't fair, but you can be!

hiteshdargan
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Post by hiteshdargan » Fri Dec 02, 2011 4:03 am

sushdmehta wrote:No one can tell you today what the rules and policy may be in the future.
That said, assuming current rules and policy will remain unchanged, you should enter UK on or before 06-Dec-11 else you'll need to apply for another extension in 2016.
Dear Sir

Even if i enter for just a few hours and then come back within 90 days. I will not need an extension in 2016. is that correct

I understand i am repeating myself, but sometimes people need a little push before taking a leap of faith

mulderpf
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Post by mulderpf » Fri Dec 02, 2011 9:21 am

Read the answers already provided.

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