ILR Eligibility

sbrit · Post by **sbrit** » Thu Mar 05, 2015 11:34 am

Hi All,
Please help me with my queries below.
I have got Tier-2 (General) visa on Oct 2010 for two years and then extended it for another three years. It’s going to expire on 10th Nov 2015.My employer is an Indian software firm who deputed me on their client site.
I have read that I should not be absent from the UK more than 180 days for ILR eligibility.
I have been transferred twice in the following periods by employer for business purposes. Please let me know if I am still eligible for ILR in this November.
Mid June 2013 until mid-Jan 2014(About 7 months)
Mid-August until mid-September for one month
Also I have a dependant who came recently to the UK. Her Visa also expires on 10th Nov 2015.How to extend her visa as well please.
If no option for ILR can I extend my Tier-2 Visa further please.

sbrit · Post by **sbrit** » Thu Mar 26, 2015 11:57 am

Hi All,

Can someone please help on this ?

Post by **manci** » Thu Mar 26, 2015 12:42 pm

to be eligible for ILR absences must not exceed 180 days in any one of the five one year periods counted backwards from the date of application. If you apply in October the 7 months absence (June 13 - January 14) will be broken into two and will not affect your eligibility.

Your dependant can extend her PBS dependant visa, read para 3b under "Dependants of PBS migrants" here:
http://www.immigrationboards.com/immigr ... 14832.html

sbrit · Post by **sbrit** » Thu Apr 02, 2015 9:19 pm

Hi Manci
Thanks for your response. Can you please clear my below queries as well?
Can I extend my Tier-2 visa beyond 5 years period? I think if my sponsor extends it then it would be one more year from this November 2015 i.e total of 6 years. Please correct me if I am wrong.
Should I apply for ILR or my sponsor should do that?

sbrit · Post by **sbrit** » Thu Apr 02, 2015 9:21 pm

Also what should I specify for the reasons for 7 months break – Actual reason is that my sponsor sent me back to offshore for work

Post by **manci** » Thu Apr 02, 2015 10:24 pm

sbrit wrote:Hi Manci
Thanks for your response. Can you please clear my below queries as well?
Can I extend my Tier-2 visa beyond 5 years period? I think if my sponsor extends it then it would be one more year from this November 2015 i.e total of 6 years. Please correct me if I am wrong.
since your initial T2G leave was under the rules before 6 April 2011 you can extend it without limits but you'll need a new CoS for each extension

Should I apply for ILR or my sponsor should do that?
you'll have to apply ILR but you'll need some supporting documents from your sponsor

Post by **manci** » Thu Apr 02, 2015 10:26 pm

sbrit wrote:Also what should I specify for the reasons for 7 months break – Actual reason is that my sponsor sent me back to offshore for work
work for your sponsor is a permitted reason. They'll have to confirm your absences

sbrit · Post by **sbrit** » Tue Apr 07, 2015 2:21 pm

Hi Manci,

Many thanks for your response.Can you please highlight me the section where it says the extension is unlimited (sorry to ask you as I need to highlight this to my sponsor)?
Also it would be good if you can tell me the documents needed for ILR ?

Thanks again

Post by **manci** » Tue Apr 07, 2015 6:53 pm

para 208, p52
https://www.gov.uk/government/uploads/s ... 4_2015.pdf

for ILR the documents are listed in Immigration Rule 245HF-SD

sbrit · Post by **sbrit** » Wed Apr 08, 2015 6:24 pm

Hi Manci,

Many Thanks for your response.
Final query - If I switch my empolyer now will I still be eligible for ILR in Oct 2015 ?

Post by **manci** » Wed Apr 08, 2015 7:15 pm

yes, but make sure that the new sponsor will be willing to give you the letter required for ILR

sbrit · Post by **sbrit** » Wed Apr 15, 2015 5:49 pm

Hi Manci,
Thanks for your responses.
I have few more queries on ILR requirement.
Is there a minimum salary requirement?
Also for English language requirements should I need to take any test (say IELTS).I have Bachelors of Engineering degree from India which was taught in English.
Can I take LIUK test now itself and keep it ready? - Where should I take this ?
Also about my wife’s visa - what should I do since she came to UK this Jan 2015 on Tier-2 visa. Both of us visa expires on the same date. Should I apply for ILR first and then extend my wife’s visa or is there a way to apply for extension along with my ILR please?

Thanks Again.

sbrit · Post by **sbrit** » Fri Apr 17, 2015 2:22 pm

Hi Manci,

Can you please help with my queries above ?

sbrit · Post by **sbrit** » Mon Apr 20, 2015 9:58 am

Hi Manci,

Can you please help me on these queries ?

sbrit · Post by **sbrit** » Fri May 01, 2015 10:18 am

Hi Experts,

Can someone please help with my queries please ?
I have few more queries on ILR requirement.
Is there a minimum salary requirement?
Also for English language requirements should I need to take any test (say IELTS).I have Bachelors of Engineering degree from India which was taught in English.
Can I take LIUK test now itself and keep it ready? - Where should I take this ?
Also about my wife’s visa - what should I do since she came to UK this Jan 2015 on Tier-2 visa. Both of us visa expires on the same date. Should I apply for ILR first and then extend my wife’s visa or is there a way to apply for extension along with my ILR please?

Post by **manci** » Fri May 01, 2015 11:02 am

sbrit wrote:Hi Experts,

Can someone please help with my queries please ?
I have few more queries on ILR requirement.

Is there a minimum salary requirement?
yes - for applications before 6 Apr 16 the salary has to be at least the one given in the code of practice for the job SOC code

Also for English language requirements should I need to take any test (say IELTS).I have Bachelors of Engineering degree from India which was taught in English.
if your degree was taught in English and is recognised by UK NARIC then this will be sufficient

Can I take LIUK test now itself and keep it ready? - Where should I take this ?
yes, you only have to pass the test once and this can be at any time. See: https://www.gov.uk/life-in-the-uk-test/overview

Also about my wife’s visa - what should I do since she came to UK this Jan 2015 on Tier-2 visa. Both of us visa expires on the same date. Should I apply for ILR first and then extend my wife’s visa or is there a way to apply for extension along with my ILR please?
read para 3b in the section on PBS dependants:
http://www.immigrationboards.com/immigr ... 14832.html

sbrit · Post by **sbrit** » Thu May 21, 2015 9:49 am

Hi Manci,

Many thanks for your responses.
I have approached my employer about my absence letter and they told me they will provide us a standard letter which will have dates of my first entry and current working date. However they will mention that I am still required in the UK.
Also my HR said that ILR is not possible since the 7 months period I was paid in Indian rupees and not in the UK.
I am bit confused and disappointed about this. Can you please help me on this?
Also you said I can apply for extension and would it be best to apply for extension and then apply for ILR – Because some other guys in the forum indicated that if ILR is refused then I should leave ASAP from the UK and extension is not allowed?

Thanks in advance..

Post by **manci** » Fri May 22, 2015 9:55 pm

sbrit wrote:Hi Manci,

Many thanks for your responses.
I have approached my employer about my absence letter and they told me they will provide us a standard letter which will have dates of my first entry and current working date. However they will mention that I am still required in the UK.
Also my HR said that ILR is not possible since the 7 months period I was paid in Indian rupees and not in the UK.
it makes no difference where you were paid, your salary can be paid in the UK or abroad. However, you cannot have more than 180 days absence in any one of the five one year period counted backward from the date of your ILR application. You may choose the date of application so that the 7 month absence is split between two of these one year periods.

I am bit confused and disappointed about this. Can you please help me on this?
Also you said I can apply for extension and would it be best to apply for extension and then apply for ILR – Because some other guys in the forum indicated that if ILR is refused then I should leave ASAP from the UK and extension is not allowed?
not so, you can apply for an extension within 28 days of an eventual refusal

Thanks in advance..

sbrit · Post by **sbrit** » Tue May 26, 2015 11:09 am

Hi Manci,
Many thanks for your responses.
I am thinking in the other-way as well now to be more safe – To extend the Tier-2 via premium service (it will take 10 working days as per UKBA website) then apply for ILR (probably same day service) immediately. Will this be ok or a problem?
Also if the above one is ok – what should I do about my dependant visa (shall she continue as Tier-2 or should that be changed to ILR dependant)
Also my ILR case is coming under case worker’s discretion or it’s a straight one if I spilt the absence ?
Thanks again

sbrit · Post by **sbrit** » Mon Jun 01, 2015 4:27 pm

Hi Manci,

Can you please help me with my queries ?

Post by **manci** » Tue Jun 02, 2015 10:16 am

sbrit wrote:Hi Manci,
Many thanks for your responses.
I am thinking in the other-way as well now to be more safe – To extend the Tier-2 via premium service (it will take 10 working days as per UKBA website) then apply for ILR (probably same day service) immediately. Will this be ok or a problem?.

what is the date of expiry of your current leave?
what is the "valid from" date of your initial 2010 T2G visa?
On what date did you land in the UK in 2010?
what are the start and end dates of your 7 month absence?

Also if the above one is ok – what should I do about my dependant visa (shall she continue as Tier-2 or should that be changed to ILR dependant)
Also my ILR case is coming under case worker’s discretion or it’s a straight one if I spilt the absence ?
Thanks again

sbrit · Post by **sbrit** » Tue Jun 02, 2015 9:32 pm

Hi Manci,

Please find the details.

what is the date of expiry of your current leave?
10-Nov-15
what is the "valid from" date of your initial 2010 T2G visa?
1-Oct-10
On what date did you land in the UK in 2010?
07-Oct-10
what are the start and end dates of your 7 month absence?
From 10-Jun-13 to 21-Jan-14

sbrit · Post by **sbrit** » Fri Jun 05, 2015 3:53 pm

Hi Manci,

Can you please help

Post by **manci** » Sun Jun 07, 2015 5:16 pm

Your questions have already been answered.

You can apply for ILR in Sept 15. If you use the premium service and your application is refused for whatever reason there will still be time to apply for a T2G extension before your current visa expires.

Read the rules about applying for ILR in sections 245AAA, 245HF and 245HF-SD:
https://www.gov.uk/government/uploads/s ... _final.pdf

sbrit · Post by **sbrit** » Fri Oct 02, 2015 12:58 pm

Hi Manci,

I have a query in filling up SET-O form - Could you please help me ?

7.11 How long you have lived in the U.K - Does this include any absences or I should say 5 yrs as I am completing 5 yrs in Oct 3rd ?

C1.Please note that you have not been absent from UK for more than 180 in any 12 consecutive months during the specified period of continuous leave - Should I say yes or no - If I split my absences I do not exceed hence the question.

Your response is much appreciated ..
Thanks

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