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ILR WP to Tier 1, with more than 180 days outside UK

Posted: Sat Jul 20, 2013 10:02 pm
by hibas111
Hi all,

I was on a Tier 2 which I've entered the UK on the 19th July 2008, and switched to a Tier 1 in October 2010, and applied for extension in July 2011 which expires in October 2015.

I have a question on the 180 days of leave.

I'm going to the home office on the 22nd of August 2013, and my leave of absence is as follows:
21-Aug-12 to 21-Aug-13 30
21-Aug-11 to 21-Aug-12 27
21-Aug-10 to 21-Aug-11 40
21-Aug-09 to 21-Aug-10 34
21-Aug-08 to 21-Aug-09 28
19-Jul -08 to 21-Aug-08 26
Total 185

If I were to count 5 years backwards from the 22nd August 2013, for 5 years, I'd have hit 159 days. I happen to be away from UK between 21st July 2008 and 29th August 2008, which would have brought my day count to 185 days if I counted from 19th July 2008 to 21st August 2013, would this be an issue?

Also, would I require a letter from current employer stating that "this person is still employed by this company and he is required going forward etc"?

I've read also that since I've already been issued a Tier 1, for the section 9 scoring assessment, question B4, am I right in saying I should choose "evidence is not required for current application because it was submitted for a previous Tier 1 General App", and do not need to produce my University graduation certificates?

For question 11L, what would be the documents to prove "for the period before you were granted leave as a Tier 1 general migrant, documents showing that you met the relevant requirements of the immigration rules"? I was on Tier 2 prior to obtaining a Tier 1, so what kind of documents would that be?

Thanks very much in advance
Hib

Posted: Sat Jul 20, 2013 10:07 pm
by Amber
You can have 180 days absence per 12 month period.

Posted: Sun Jul 21, 2013 9:17 am
by hibas111
so there's no 180 days limit per 5 years any more but changed to a 180 day per 12 month rolling period?

Posted: Sun Jul 21, 2013 10:55 am
by Amber
Indeed see page 19 (click)

Posted: Mon Jul 22, 2013 11:25 pm
by hibas111
hi,

what would the choice of answer be for question 6.3 then given that I did not exceed 180 days? i had 159 days, but out of those 159 days I had some 15 days on business trip, and given that I didn't exceed 180 days I wouldn't need to "explain" the absence?

seems contradicting if you chose any of the answers in 6.3 with less than 180 days absence without having to explain

Posted: Mon Jul 22, 2013 11:42 pm
by hibas111
also, i lost my job in october 2010 and applied for a tier 1 immediately (previously was on Tier 2), got the tier 1, and left UK for 2 weeks, twice, in the space of 6 months before I started on a new job in june 2011. Would I need to explain this 2 x 2weeks when I was out of UK for a holiday while not having any income?