Compassionate Leave Query for ILR application

[lancsmedic]

Dear friends, I am an NHS doctor training to be a GP.
I wish to apply for ILR in the last quarter of this year 2021.
My question is: when is the earliest date I can apply for ILR as the Home Office case worker guidance states in the guidance in page 10:

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

The guidance is available here:

https://assets.publishing.service.gov.u ... 2.0ext.pdf

In my case:
1st Tier 2 visa application submitted outside UK and forwarded to UKVI: 27th October 2016
1st Home Office letter granting my first Tier 2 visa dated: 6th November 2016 and states I will be permitted to work in UK from 18th November 2016 to 25th January 2019
Visa Sticker in passport states validity from 18/11/2016 to 18/12/2016
My first BRP card validity was from 11/11/2016 to 25/01/2019

Would the end of my specified period for ILR be:
27th October 2016? i.e date of application to UKVI for my first Tier 2 visa
6th November 2021? i.e date of decision as per the first Home Office letter declaring my application as successful
18th November 2021?- as per the 5th anniversery of the initial date in the UKVI sticker on my passport
11th November 2021?- as per the 5th anniversary of the start date in my first Tier 2 BRP.

Hope everyone stays safe!

Thanks again!

Lancs Medic

[CR001]

You can apply no sooner than within 28 days before the 5th anniversary of your initial visa ISSSUE date or date of BRP, ie 11 Nov 2021 minus 28 days.

[lancsmedic]

Dear friends, Hope everyone are well and safe.
I am an NHS trainee doctor. My qualifying period for ILR will be ending on 14th October 2021.
Whilst working for my previous NHS employer I traveled abroad on 2 separate occasions for total 26 days in total I had to travel abroad on 21 December 2018 to 3rd January 2019- 12 days with permission from my previous NHS employer because of a marriage in the family. Again I travelled abroad on 30 April 2019 to 15 May 2019 for 14 days because of an emergency in my family. On both occasions the leaves were paid days and my salary was paid in full and not deducted/unpaid.
For my last trip out of UK (30th April 2019 to 15th May 2019) the hospital has given me the classification as:
30/04/2019 to 03/05/2019: Special/Compassionate Leave
07/05/2019 to 15/05/2019: Annual Leave

My question is:
Question 1: I travelled abroad because a family member was unwell with eventual recovery. The army hospital has refused to issue a letter confirming treatment because of military protocol and patient confidentiality. Because of subsequent unfortunate and painful family dynamics I am not in speaking terms with my family members anymore (i.e estranged). I plan to declare the days from 30/04/2019 to 03/05/2019 as compassionate leave because of a sensitive/urgent family problem and leave it as that without mentioning admission to hospital. Would this be acceptable to the Home Office to successfully grant my ILR?

Thanking everyone in advance!

Lancsmedic

[zimba]

You should face no issues

[lancsmedic]

You should face no issues

Thanks a lot Zimba!

If my previous NHS employer explicitly writes 30/04/2019 to 03/05/2019 as "compassionate leave" and I justify this for an "urgent and personal family issue" without mentioning hospital admission, would this be accepted by the Home Office without demands for hospital letters/certificates etc?

I am so sorry if this is a repeat of my question. In my mind whenever an absence letter states compassionate leave the Home Office demands letters or certificates for justification?

Thanks again and stay safe!

Lancsmedic

[zimba]

THere is no need for a justification

[lancsmedic]

THere is no need for a justification

In the SET O form in section Details of your time spent outside the UK and Crown Dependencies for question:What was the reason for this time spent outside the UK and Crown Dependencies?
Provide reasons, including if you were travelling through, for each country you spent time in during this period of absence: for the period from 30/04/2019 to 03/05/2019 I have stated: I obtained compassionate leave from 30/04/2019 to 03/05/2019 for a personal and sensitive family issue in country X.

Hope my stated reason as "personal and sensitive family issue" for compassionate leave would be accepted by the Home Office without any documents/certificates (unable to obtain and produce these)

Thanks again Zimba for the advice.

Hoping to have my ILR approved and post my result and comments in October 2021! I shall choose the 5 day priority or next day super priority service on the day of submission.

Thanks again and hope everyone stays well and safe!

Lancsmedic

[zimba]

No evidence is needed

[lancsmedic]

No evidence is needed

Thanks a lot Zimba! Highly appreciated!

I received an absence letter from my previous employer stating all of my leaves as annual leave or "special leave".
My absence from 30/04/2019 to 03/05/2019 is stated as "special leave" and not compassionate leave. I have honestly mentioned in the SET O form this "special leave" was taken on compassionate grounds for a "personal and sensitive family issue". Hope this would be accepted by the Home Office.

My latest question is: My current sponsor (Health Education England) and previous NHS employing hospital do not mention travel destinations with reasons of travel and flight details in the absence letters. Only the " date from and to dates of leaves" and types of leaves are mentioned in the letters. Would these letters be acceptable to the Home Office for following in the SET O form:

Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies


The ILR Letter to be provided by my current sponsor Health Education England (HEE) will only give the list of absences and leaves but without details of overseas travel and reasons as given in their ILR FAQ document:

Please also note that all annual leave to the above-named individual was paid and
authorised. Please see attached confirmation from each of the different employers
during sponsorship with HEE to confirm absences associated with employment
(including study leave and annual leave). Please note that HEE are unable to
confirm which of these were outside of the UK and have therefore listed all annual
leave taken during this period.

Thanks again to everyone and hope everyone stays safe and well!

Lancsmedic

[zimba]

No employer will not give you such letter. The letter simply needs to say that your absences were approved by them

[lancsmedic]

No employer will not give you such letter. The letter simply needs to say that your absences were approved by them

Thanks a lot Zimba! I really appreciate your help.

Hopefully my last question for now pertains to police certificate updating:

My first nationality (used to obtain my Tier 2 visa) required police registration which I complied with within 3 days of initially arriving in UK. The first address mentioned in my police certificate is the bed and breakfast hotel I lived in for 2 weeks. Unfortunately I did not update my first home address with the police until 18 months after moving in as a tenant in my first residential address. I eventually went to the local police station 18 months after my first change of address and the friendly ladies updated my address while I offered my apologies as I was busy in my hospital job and personal life. Since then my Tier 2 visa has been extended twice in 2018 and 2019 without issues. The Home office were always provided with scans of my police certificate in my previous Tier 2 visa extension applications. I have been updating my addresses with local police stations on a timely basis since. My current home was added to my police certificate 4 months after moving in but the friendly officers in the local police station told me not to worry as they cannot register everyone within 7 days of address changes because of staff shortages.

My question would be: would my ILR application this year be refused or delayed if I updated my first address in my police registration certificate 18 months after starting to live as a tenant?

As I mentioned the Home Office surprisingly approved my previous Tier 2 extensions without issues so I hope it should not be a problem for my ILR in October 2021.

Thanks everyone and hope all friends stay safe and well!

Lancsmedic

[zimba]

Very minor issue that has no bearing over ILR

[lancsmedic]

Very minor issue that has no bearing over ILR

Thanks again Zimba!

Should I submit a cover letter with an apology for forgetting to update my address 4 years back? The kind police officer recorded my previous BRP on the same day I updated my first address 18 months late. Or would it be alright without this letter and without providing an explanation?

Thanks again!

Lancsmedic

[zimba]

No need.

[lancsmedic]

Thanks again Zimba!

My latest question for ILR is:
My employment and training has been extended by approximately 6 months (from August 2022- end of my current Tier 2 sponsorship and visa to 31st January 2023) because of my personal and professional circumstances. I fully intend to apply for ILR at the end of my qualifying period on 15th October 2021. Would I be required to apply to the UKVI to extend my Tier 2 visa to 31st January 2023 before applying for ILR?

My first Tier 2 visa was issued on 11th November 2016 according to my first BRP and hence I can only be on Tier 2 for a maximum of 6 years (11/11/2022) before I must apply for ILR or leave the country?

Look forwards to hearing everyone's opinion and advice!

Thanks again to all friends!

Lancsmedic

[vinny]

If you are eligible to apply for ILR in-time, then there’s no requirement to apply for an extension.

[lancsmedic]

If you are eligible to apply for ILR in-time, then there’s no requirement to apply for an extension.

Thanks for the reply Vinny!

I request everyone's opinion on whether I should hire an immigration specialist lawyer to supervise and submit my ILR application on my behalf. I have been independently filing and submitting all of my Tier 2 visa applications so far to work as an NHS employed doctor. I guess I wish to preempt any issues raised by the Home Office by having a lawyer to submit my ILR appication. I managed to get a very competitive quote from a reputable immigration firm but am double minded as to whether I am wasting my hard earned money.

I have already completed the SET O form in preparation for ILR in October 2021.

All thoughts and opinions from forum members would be highly appreciated!

Thanks again and hope everyone stays safe!

Lancs Medic

[AmazonianX]

If you are eligible to apply for ILR in-time, then there’s no requirement to apply for an extension.

Thanks for the reply Vinny!

I request everyone's opinion on whether I should hire an immigration specialist lawyer to supervise and submit my ILR application on my behalf. I have been independently filing and submitting all of my Tier 2 visa applications so far to work as an NHS employed doctor. I guess I wish to preempt any issues raised by the Home Office by having a lawyer to submit my ILR appication. I managed to get a very competitive quote from a reputable immigration firm but am double minded as to whether I am wasting my hard earned money.

I have already completed the SET O form in preparation for ILR in October 2021.

All thoughts and opinions from forum members would be highly appreciated!

Thanks again and hope everyone stays safe!

Lancs Medic

You have successfully navigated a labyrinth of UK immigration by yourself several times as you indicated.
For the current application being considered you have filled the form, I can not but wonder what engaging a lawyer will be for...you will still be the one to source for and provide ALL required documentation to support your application. Do note that there is no leverage it gives. With clarification on any issues of concern on this forum you can do this by yourself and get your ILR.
No matter the opinions you collate, ultimately the decision is yours to make.

[zimba]

Hiring a lawyer to review a straightforward application is wasting your money. A lawyer has nothing to add as immigration application is not technically a strict legal matter

[lancsmedic]

If you are eligible to apply for ILR in-time, then there’s no requirement to apply for an extension.

Thanks for the reply Vinny!

I request everyone's opinion on whether I should hire an immigration specialist lawyer to supervise and submit my ILR application on my behalf. I have been independently filing and submitting all of my Tier 2 visa applications so far to work as an NHS employed doctor. I guess I wish to preempt any issues raised by the Home Office by having a lawyer to submit my ILR appication. I managed to get a very competitive quote from a reputable immigration firm but am double minded as to whether I am wasting my hard earned money.

I have already completed the SET O form in preparation for ILR in October 2021.

All thoughts and opinions from forum members would be highly appreciated!

Thanks again and hope everyone stays safe!

Lancs Medic

You have successfully navigated a labyrinth of UK immigration by yourself several times as you indicated.
For the current application being considered you have filled the form, I can not but wonder what engaging a lawyer will be for...you will still be the one to source for and provide ALL required documentation to support your application. Do note that there is no leverage it gives. With clarification on any issues of concern on this forum you can do this by yourself and get your ILR.
No matter the opinions you collate, ultimately the decision is yours to make.

Thanks AmazonianX! I will go ahead with my ILR application independently. Thanks for helping me decide with your good sense advice.

Hiring a lawyer to review a straightforward application is wasting your money. A lawyer has nothing to add as immigration application is not technically a strict legal matter

Thanks Zimba! Your advice definitely makes a lot of sense.

I believe this question has been asked previously in this forum, so please forgive the sin of repetition:

Does the 5 year qualifying period for Tier 2 visa holders start with the date of visa approval letter, date of issue of first BRP or the start date of the visa vignette in the passport? In my case:

Letter of approval of first Tier 2 dated 6th November 2016 and states I have been granted leave as a Tier 2 worker from 18th November 2016 to 25th January 2019

First BRP issued in UK and valid from 11th November 2016 to 25th January 2019

Visa vignette in my passport states valid from 18/11/2016 to 18/12/2016. My first date of entry as a Tier 2 migrant was 5th December 2016.

Would my qualifying period start and hence end on 6th November, 11th November or 18th November 2021 for me to count 28 days back to apply with one day priority service for ILR?
I need to know the right date to apply as I cannot afford to be refused and possibly lose the application fee.

Thanks again to all friends and moderators of this wonderful forum and hope everyone stays safe!

Lancs Medic

[lancsmedic]

If you are eligible to apply for ILR in-time, then there’s no requirement to apply for an extension.

Thanks for the reply Vinny!

I request everyone's opinion on whether I should hire an immigration specialist lawyer to supervise and submit my ILR application on my behalf. I have been independently filing and submitting all of my Tier 2 visa applications so far to work as an NHS employed doctor. I guess I wish to preempt any issues raised by the Home Office by having a lawyer to submit my ILR appication. I managed to get a very competitive quote from a reputable immigration firm but am double minded as to whether I am wasting my hard earned money.

I have already completed the SET O form in preparation for ILR in October 2021.

All thoughts and opinions from forum members would be highly appreciated!

Thanks again and hope everyone stays safe!

Lancs Medic

You have successfully navigated a labyrinth of UK immigration by yourself several times as you indicated.
For the current application being considered you have filled the form, I can not but wonder what engaging a lawyer will be for...you will still be the one to source for and provide ALL required documentation to support your application. Do note that there is no leverage it gives. With clarification on any issues of concern on this forum you can do this by yourself and get your ILR.
No matter the opinions you collate, ultimately the decision is yours to make.

Thanks AmazonianX! I will go ahead with my ILR application independently. Thanks for helping me decide with your good sense advice.

Hiring a lawyer to review a straightforward application is wasting your money. A lawyer has nothing to add as immigration application is not technically a strict legal matter

Thanks Zimba! Your advice definitely makes a lot of sense.

I believe this question has been asked previously in this forum, so please forgive the sin of repetition:

Does the 5 year qualifying period for Tier 2 visa holders start with the date of visa approval letter, date of issue of first BRP or the start date of the visa vignette in the passport? In my case:

Letter of approval of first Tier 2 dated 6th November 2016 and states I have been granted leave as a Tier 2 worker from 18th November 2016 to 25th January 2019

First BRP issued in UK and valid from 11th November 2016 to 25th January 2019

Visa vignette in my passport states valid from 18/11/2016 to 18/12/2016. My first date of entry as a Tier 2 migrant was 5th December 2016.

Would my qualifying period start and hence end on 6th November, 11th November or 18th November 2021 for me to count 28 days back to apply with one day priority service for ILR?
I need to know the right date to apply as I cannot afford to be refused and possibly lose the application fee.

Thanks again to all friends and moderators of this wonderful forum and hope everyone stays safe!

Lancs Medic

I found the following posts useful and providing answers by respected moderator Zimba:

Re: Which date to take to calculate the 28 days before application
Post by Zimba » Tue Jan 26, 2021 5:13 pm

You need to take the earliest date. Visa approval date in most cases is the same as the date on your visa approval letter, sticker and BRP issue date. However, for administrative reasons, the date of your document could be a later date as a visa or BRP document cannot be backdated. So if your visa was approved last week but the sticker/BRP is produced or printed today, it will have the today's date (that is simply the issue date and not necessarily the approval date). So as long as you use the earliest date, you will be perfectly safe. From the immigration rules perspective, your qualifying period starts from the date of visa approval which may or may not be the same as your immigration document issue date.

In your case, that date is 21 Mar 2016 9/3/2016 as stated on the first BRP approval letter when your permission is granted initially


Re: ILR Qualifying period rule
Post by Zimba » Wed May 20, 2020 12:39 pm

drengshehata wrote: ↑Tue May 19, 2020 7:35 pm
The letter was issued in May 2017 and it states from 23.07.17 to 23.07.20. Which date should be considered please? 23 or 09?
The rule of thumb is that if you have letters, stickers or BRP for the same leave with different dates then the earliest date among them should be used as the approval date


I hope this means I would be able to use the initial Home Office approval letter dated 06/11/2016 and count back 28 days from this date in 2021 to get the earliest date for my ILR application i.e Saturday, 9 October 2021. If this assumption is correct, I would like to apply on the 09/10/2021 and take the next 2 days to upload my documents and try to aim for a biometrics appointment in Manchester or Birmingham on Friday 15th October 2021 with one day super priority service. Hope the UKVI ID App is still around at the time to spare me the drive to Manchester or Birmingham!

Hope to receive advice from friends and moderators in this helpful forum.

Thanks again and hope everyone stays safe and well!

Lancs Medic

[lancsmedic]

Hiring a lawyer to review a straightforward application is wasting your money. A lawyer has nothing to add as immigration application is not technically a strict legal matter

My Tier 2 approval letter (i.e entry clearance?) is dated 06/11/2016
My first BRP started from 11/11/2016
The visa vignette states 18/11/2016 to 18/12/2016
My first entry in UK as a Tier 2 doctor was 05/12/2016

My question is: Would the 29 or 30 days between the visa approval and my entry into UK be included in the qualifying period / continuous residence?

All comments and advice would be highly appreciated!

Thanks and hope everyone stays safe!

Lancs Medic

[zimba]

Yes it would.

[lancsmedic]

Yes it would.

Thanks again Zimba!

If my Tier 2 visa approval letter is dated 6th November 2016, and hence the start of my qualifying period / continuous residence, would it be safe for me to apply for ILR 28 days prior to this date in 2021 this year i.e 9th October 2021?

Thanks again and hope everyone stays safe!

Lancs Medic

[zimba]

Yes