Absence upto 180 days between entry clearance and entry in uk

[Rjk]

Hi Everyone,
I entered Uk in 17th May 2010 (visa start 26th April
2010) , since then I’m working for the same employer and visa extended without any gaps and
Valid until 27th April 2020. I had one long absence
.i.e. from 21st sep 2010 to 28th June 2011
(240 days) to attend my grandfather death and
Had Some family problems to settle down and payoff debts to bank , I have all evidences to prove the reason for a long stay in India.
17 May 2010 to 17 May 2020 (10 years)
1 absence 21 sep 2010 to 28 June 2010 (240 days)
Pls advise should I try in May 2020 or Dec 2020 or
Should I have to wait until June 2021 ?
What if my employer doesn't sponsor visa after April 2020?

[CR001]

Pls advise should I try in May 2020 or Dec 2020

It will be refused and you will lose your fee as you have broken your continuity of residence by being absent for 180 days or more in a single absence.

Should I have to wait until June 2021 ?

Yes.

What if my employer doesn't sponsor visa after April 2020?

You would have to find another visa you qualify for. Maybe FLR LR, which is a 2 year visa.

[Rjk]

Thank you for your suggestion
The period from jan 2011 to dec 2011 I was in uk for
181 days , I thought I will be able apply for ilr dec 2020.
Can you suggest why this will not be considered as qualifying period as I have entered uk in may 2010.
I couldn’t fine any rule for that a person must be in uk during the first starting date of qualifying period , why not my first qualifying period can start with a leave as the intial entry clearance is on may 2010 and moreover I stayed for 120 days in 2010 before leaving for a long absence, please suggest,

Can you also advise what is FLR LR visa , will that be provided for the applicant to complete his 10 year qualifying period to cover shortfall case like me.?

[Rjk]

I would appreciate if someone could clarify my above query ,
First entry 17 may 2010 (entry clearance 26th April 2010 2 years)
31-dec-2020 to 31-dec-2019 - 0 absence
31-dec-2019 to 31-dec-2018 - 45 days absence
31-dec-2018 to 31-dec-2017 - 30 days absence
-
-
31-dec-2010 to 31-dec-2011 - 177 days absence
First entered uk in 17 may 2010 (entry clearance 26th April 2010 2 year visa)
(Absence period started from sep 2010 to 26th June 2011)
Will they consider my qualifying period starting with an absence in 31 dec 2010 as I was on the same entry clearance ?

[poper]

As CR001 already stated, any period of absence of more than 180 continuous days breaks continuity for LR based ILR
UKVI do not consider calendar period from 1st Jan to 31 Dec to break down UK residence as you've stated.
Your ILR clock set to 0 with your 240 days absence and commenced in June 2011 when you entered UK

[Rjk]

Can you also advise what is FLR LR visa , will that be provided for the applicant to complete his 10 year qualifying period to cover shortfall case like me.?

I’m not sure if employer will sponsor visa until
June 2011 also ir35 had ruined Contract jobs and least chances for a control role via tier 2 visa .
Most of universities had refused student visa for May 2020 intake due to Long term stay . Almost all
The doors are closed for me , is there any feasibility for requesting discretion via postal ILR
Application, my first long absence was really a genuine reason travelled to attend my grand father death and followed by his industry closedown , sale & settlement couldn’t travel for 9 months ,
Is this not sufficient to consider discretion?
How long I can stay fighting for ILR and followed what sections are available to stretch my stay in Uk from May 2020 to June 2021 , will postal application on May 2020 and followed some
Appeals help me
To stay and reach the 1 year gap?

[poper]

Sorry, someone more knowledgeable may comment on FLR LR

As you are already a PAYE, IR35 should not be impacting you. You need to check this with your employer.
Discretion is solely in the hands of the case worker who follows the LR guidance notes

https://assets.publishing.service.gov.u ... 6.0ext.pdf

Your other alternate is to look for a Tier 2 General sponsor.
And all applications are online these days. There is no postal application.

[Rjk]

Thank you for suggestion, I have been trying for t2 gen sponsor for almost 3to 4 months . Finding a contract job and t2 gen sponsors will not feasible within next 2 months , if i try an online application via normal route (not priority service) how long that process will take ? Will I be able appeal and extend my stay for 1 year ?

Flr (lr) the guidance says 10 years continuous residence qualify for 2 year extension if they don’t pass life in Uk and English test, I don’t think I
Will fit into that radar, as the qualifying period is has a shortfall as I had to attend my grandfather death and followed by property settlements , can advise me on the above query ?

[poper]

What are you trying to apply for? If ILR based on long residence, there is a time line thread on the sticky.
Decision time is 8 weeks to 6 months by normal route.

As far as I am aware, nobody here can advise if your application would be successful. You may encounter one of the below three outcomes :

• ILR is granted

• ILR is refused. FLR option is offered provided you pay IHS fees

• ILR is refused

[Rjk]

Thanks for the reply , I will try to get my visa extended or sponsored by different employer ; hope for the best. Thank you for your valuable guidance and support.

[Rjk]

Hi All , Can someone please clarify my below query,
As per the below paragraph from Uk settlement continuous leave guidelines, applicant can be absent for 180 days during the start time of your qualifying period ?

Is this flexibility only for first entry or can be applied for 2nd entry as well(I had a valid entry clearance stayed more than 200 days in India between 1st and 2nd entry, and continued to stay in Uk after 2nd entry, I will qualify earlier by 6 months if this rule applies for 2nd entry , but they have explicitly stated the time period between entry clearance and entry to Uk?

I have read in other forum that qualifying period will always start after applicant enters Uk , but the below guidelines is contradicting ! Can someone advise please...

Your 10 year qualifying period can start with an absence upto 180 days but the applicant must have valid entry clearance between start time of your qualifying period and entry in Uk?


https://assets.publishing.service.gov.u ... .pdf#page8

Absences which will not break continuity in the continuous period
————————————————————————————-
This section tells you when absences will not break continuity when calculating if the continuous period requirement has been met.
Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

[CR001]

Topics merged!!!

The guide link you have posted is NOT relevant to ilr based on long residence. It is only for ilr based on 5 years as it clearly states.

Long residence ilr starts counting from date of entry to the UK. There is no allowance for absence between initial visa issue date and date of entry.

You have already been advised that an absence of 180 days breaks your continuity of residence.