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4 month absence and unemployed during that period
Posted: Thu May 30, 2013 9:27 pm
by awasthi.vivek.ilr
I am looking to apply for ILR and have few doubts considering the rules in place at the moment
1) I got my Tier 1 general entry clearance on Oct 2008 and I entered UK just after 88 days. With current rules this should not be counted as absense as I entered in UK before 90 days, is my understanding correct?
2) Becase the market was not great during that time I went back after staying in UK for a month ( jan -feb 2009 ). After 4 months I came back, in june 2009, and got job in Aug 2009 and since then I am employed. I should be alright because the gap is less then 180 days (given that the absense after entry clearance will not be counted as absense) but not sure if this gap would create any trouble as I was not economically active. What kind of absense letter I can provide for such gap?
Any help would be really appreciated.
Looking forward to suggestions
Many thanks
Posted: Fri May 31, 2013 2:15 pm
by awasthi.vivek.ilr
Any sort of help will be very much appreciated, anyone has/had similar case?
Re: 4 month absence and unemployed during that period
Posted: Fri May 31, 2013 2:30 pm
by newbie_2013
awasthi.vivek.ilr wrote:I am looking to apply for ILR and have few doubts considering the rules in place at the moment
1) I got my Tier 1 general entry clearance on Oct 2008 and I entered UK just after 88 days. With current rules this should not be counted as absense as I entered in UK before 90 days, is my understanding correct?
2) Becase the market was not great during that time I went back after staying in UK for a month ( jan -feb 2009 ). After 4 months I came back, in june 2009, and got job in Aug 2009 and since then I am employed. I should be alright because the gap is less then 180 days (given that the absense after entry clearance will not be counted as absense) but not sure if this gap would create any trouble as I was not economically active. What kind of absense letter I can provide for such gap?
Any help would be really appreciated.
Looking forward to suggestions
Many thanks
My understanding is that 'the economical active' thing is not a problem as you are not supposed to be in employment in all the five qualifying years as long as you have enough points to get ILR at the time of your application (It is impossible for everyone to be employed in all the five years. I myself am not employed for a considerable amount of time due to company closures a couple of times. But it depends on the area of work ofcourse), but I believe the concern with your situation is a continuous absence of 120 days (4 months). Any continuous absence of >90 days is something you need to be cosidered. More senior members might help you with the query. Be patient.
Posted: Sun Jun 09, 2013 9:07 pm
by awasthi.vivek.ilr
Anybody any suggestions for the > 120 gaps?
Posted: Mon Jun 10, 2013 11:53 am
by vivdubes
This is not an issue unless it is more than 180 days in an year... read the rules it is explicity clear.
There have been cases where they have given ILR based on exception circumstances even if it has crossed 200 days.. so everything depends on individual case and Case worker.
Re: 4 month absence and unemployed during that period
Posted: Mon Dec 15, 2014 5:17 pm
by rahul656
Hello also in the same boat. In my case as well i was out of UK for 120 days whilst unemployed in UK. I am due ILR in 2016. My total absence would be less than 180 days in all 5 years together. Could you please let me know the status of your ILR application if you have made already. What kind of explaination did you give for those 4 months absense
Thanks for you help in advance.