Absences and ILR application
Posted: Mon Apr 12, 2021 12:27 am
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
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