ILR Set(LR) Query - Entry Date Query

[Mystarch89]

Hi all on this immigration board,

Have had the best advise from the mods and other posters in this forum and now hoping to get a few advice on my partner ILR set(LR) form.

She is uncertain on whether her timeline for 10 years continuous leave is valid for a LR application if someone could shed some light for us due to the slightly unique starting time line of her continuous period.

First entered the UK on Student Visa on 16/01/2009.
Left UK on 01/07/2010. (Leave is still valid on departure from UK till October 2010).

Re-entered UK on 23/09/2010 as Tier 4 Student since.

We have counted her leave of absences since her entry as Tier 4 Student, and she would be eligible under the 10 year route with 530 days leave officially if we were to start the application as of 31st July 2020. My question is she eligible to count the absences this way(even though she have yet to enter uk until 23/9/2010) and treat the days prior to her re-entry as tier 4 as part of the 10 year route. (This is due to her having quite a few absences during her first entry period re-entry).

Or should she wait until the 26th of August to officially start the LR route which would be 28 days before her Tier 4 student visa official date?

much appreciated in advance.
mystarch

[zimba]

If she entered on 23/9/2010, then she can apply within 28 days of completing the 10 years.

[Mystarch89]

Hi Zimba,

If i were to calculate the 28 days of completing 10 years after the re-entry on 23.09.2010, she would only be able to apply on 23.08.2020.

So based on her prior entry , she can apply on the 31st July 2020 as well? even though if we were to backtrack 10 years from 31st July 2020, she have yet to enter the UK . Not sure if i'm phrasing myself well

[zimba]

Hi Zimba,

If i were to calculate the 28 days of completing 10 years after the re-entry on 23.09.2010, she would only be able to apply on 23.08.2020.

So based on her prior entry , she can apply on the 31st July 2020 as well? even though if we were to backtrack 10 years from 31st July 2020, she have yet to enter the UK . Not sure if i'm phrasing myself well

When will her visa expire ? You need to ensure that her decision date ends up on 26th of August or later

[Mystarch89]

HI Zimba,

Apologies for the late reply. Work totally caught up and have not had time to check back.

Much appreciated for all your advices as usual.

She is currently on Tier 2 Visa with 13 months left.(this is her 5th year now) But she is planning to apply via the LR route as she is planning to leave her employment once ILR is granted thus would not want to complicate things further if we are using the Tier 2(5 year route).

I think i'm over complicating things as we were hoping to put in the application as soon as possible to try to gain some time. Can i check what you mean by Decision date?

[Mystarch89]

Was trying to find an edit button but couldnt find it to edit the last reply post.

2nd Question on Calculating leave of absences based on full day period.

She had a few scenarios as below.

10/07/2014 - left UK
14/07/2014 am - Enter UK
14/07/2014 pm - Left UK

On the basics of leave of absences on full day period, for the 14/07/2014, does that count as leave of absence or does it not considering she did reenter UK but left after a few hours. It was not a transit , there is a stamp of entry as she changed airport during the process of entering/leaving on the affected day.

Many thanks in advance again for all the helpful moderators in this forum.

[zimba]

Decision date is the day when her ILR application will be decided. As she has visa, I suggest to apply within 28 days of her completing the 10 years. For absences, only and only FULL days of absence from UK counts.

[Mystarch89]

Many thanks for all the replies Zimba.

We have now decided to attempt to go with SET (0) applications as that allows her an earlier application date in comparison to SET LR, seeing as there's been some quick turnarounds for others in the timeline thread.

We have now requested the absence letter from her employer and they have replied back with a draft of it. On it we were hoping to get a few more clarifications as the HR team is uncertain whether its needed.

Questions
1. Her contracted days are Tues-Sat, with Sun-Mon being her regular day off instead of a typical Mon-Fri contract. Now her employer has drafted the letter, however they are only stating the absences from Tues - Saturday. There are days that we are still abroad on the Monday as we enter the country back on Tuesday Morning, and she goes back to work upon arrival. Would this need to be addressed on the employer letter?
HR team is saying its technically not an absence that they have authorized as its her own time off thus its not counted / flagged on their system.

2. Her company also allows a benefit purchasing system , where staff can purchase holiday in exchange for deduction in pay. would this affect the application for SET(O)? as there was 2 years in which she took the benefit purchase option and purchased additional 2 weeks holiday entitlements.

Many thanks for everyone's help again in advance.

Regards

[zimba]

1. They better clarify this on the letter
2. Salary deductions do not affect her. Only base salary matters

[Mystarch89]

HI Zimba

Many thanks for your swift response yet again.

Wondered if i can get more clarity from yourself on the question 1, as the HR team has gotten back and asked us instead now how to amend it ?

As its considered her day off, and not part of her annual leave, they are saying the system wont generate the dates on their template so they are having to get a manager to manually override the dates unless they can just state a clause in the letter, but what clause or clarification should this be?

As her company is open mon-sun. thus her shift is primarily tues - sat, with sun,mon off for her. Do they just state :please note this colleague works on a shift of tuesday - satuday? and her regular day off as agreed is Sunday and Monday. But it does change periodically depending on staff availability.

Or would it be better for us to ask them to add the specific few monday dates that she was out of the country into the annual leave dates.

Regards

Mystarch

[zimba]

The letter simply has to say the work week fro her is different. That is all