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Absences and ILR application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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BGMBGK
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Posts: 7
Joined: Tue Apr 06, 2021 2:25 am
India

Absences and ILR application

Post by BGMBGK » Sun Apr 11, 2021 11:27 pm

Dear Sir/Madam

Firstly thank you for creating this amazing forum. I have tried to go thru the FAQ section.

I find similar queries answered ,but guess in my case circumstances are a little different .Hence , this write up.
Back ground-
I work with the NHS , I came to work on Teir 2 general visa in
Jan 21 2017 (with a entry clearance vignette valid from 11/01/2017.

My BRP(leave to enter) upon collection , revealed date of issue as end of December 2016 and expires 14th April 2020

My second extension was given in 24/02/2020 and expires on 26/04/2022

My employer is the same through out.
I think I am eligible to apply for ILR in January 2022.

My queries ,
Pre covid times , since I travelled frequently to meet my family (I stay alone here) .The visits out of UK until the Covid were brief but frequent as stated below

During the first leave (before Jan 2018, issued in December 2016)
2017 - 41 days ( split in 3 visits 9+16+16 days)
2018- 37 days (split in 3 visits 7+17+16 days)
2019-. 38 days ( split in 3 visits 10+17+11 days)

All were approved paid annual leaves .

During the second leave (granted in Feb 2020)this is after Jan 2018 and hence rolling period of 12 months

2020- 61 days ( one stretch annual paid leave + 15 days unpaid leave .both were authorised ) . I understand to have read somewhere in guidance Teir 2 person can take no more than 4 weeks of unpaid leave in one calender year.

2021- I am contemplating to go in the month of May -1st to June 5- total of 35 days , the leaves are authorised and paid.

I am again contemplating a visit in September for 15 days - 30 days depending on quarantine days if their or not.

With the absences in second leave to remain, I am worried about how they will affect my ILR application(due to apply in Jan 2022)
1) will the unpaid leave have an impact ( it was authorised. unlike the first 3 years this year I had to take unpaid leave so as to accommodate quarantine days )

2) in my second grant of leave to remain I have already been out from
June 27 to August 26th 2020(61days) of the UK

I have plans of 30 days in may and 30 days in September to visit the family will it affect my application.

3)under the legal reasons to travel , I am travelling to support my ailing mother in law(undergoing cancer treatment) and provide carer responsibilities.

In the eyes of home office, a Teir general visa person like me is he a UK resident or Non UK resident living temporarily?

I apologise for a long email, I hope I have not breached any guidelines to post here(this is my first).

I will appreciate your kind response and valuable inputs.
Kind regards
Bgmbgk

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zimba
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Re: Absences and ILR application

Post by zimba » Mon Apr 12, 2021 9:27 am

Your sponsor will have to stop sponsoring you if you take continuous unpaid leave of more than 4 weeks. I do not see any other issues
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

BGMBGK
Newly Registered
Posts: 7
Joined: Tue Apr 06, 2021 2:25 am
India

Re: Absences and ILR application

Post by BGMBGK » Mon Apr 12, 2021 7:35 pm

Thank You very Zimba

So as long as I am within 180 days (consecutive 12 months in my first leave to enter and rolling 12 months in the second leave to remain ) should be ok.

Yes , I have not breached more than 4 weeks unpaid leave in any calender year. As healthcare worker I work unsocial hours bank holidays and are on an annualised Rota for job. As a result end up having more authorised out of work days yet paid .

Due to new travel restrictions , it has a list of legal reasons to travel for UK residents and for non UK residents who are here temporarily in UK will have their reasons to travel .

So with teir 2 general visa , do I become a UK resident or a non UK resident residing temporarily , please if you can opine.
Kind regards.
Thank you very much
Adarsh

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zimba
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Joined: Mon Aug 11, 2014 5:13 pm
Location: UK
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Re: Absences and ILR application

Post by zimba » Tue Apr 13, 2021 8:49 am

You are considered resident in the UK
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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