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Unauthorised absences when applying for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Tanyant
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Russia

Can I start my 5 year qualifying period from the date of entry clearance.

Post by Tanyant » Tue Mar 05, 2024 5:19 pm

Dear forum members,
I am applying for ILR or 5 year route as a skilled worker. I have been told by the lawyer that I should be able to start my qualifying period from the date of issue of the entry clearance (05.06.2019) and add the time between then and the date I entered the UK (15.06.2019) as an absence. So the plan is to file my application on the 8.05.2024.
The wording in the application questionnaire made me question if that is legitimate, because it explicitly asks for the date I enter the UK. I mean the following:
"Date you first entered the UK
When did you first enter the UK?
This is the date you entered the UK when the period of stay you are basing this application on started."

What is your opinion on this? Have you seen any cases of people putting entry clearance issue date there and the case being successful? I worry it may get rejected because of applying too early.

Thanks!

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zimba
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Re: Can I start my 5 year qualifying period from the date of entry clearance.

Post by zimba » Tue Mar 05, 2024 5:40 pm

The questions on the form do not change the requirements under the rules. The immigration rules make it clear that the qualifying period starts from the very first visa issue date and the date of entry is irrelevant. The answer to that question on the form does not change anything and is not used to calculate the qualifying period. This is common knowledge

The gold standard is the immigration rules NOT whatever you feel/think is important
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AmazonianX
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Re: Can I start my 5 year qualifying period from the date of entry clearance.

Post by AmazonianX » Wed Mar 06, 2024 3:25 am

Tanyant wrote:
Tue Mar 05, 2024 5:19 pm
Dear forum members,
I am applying for ILR or 5 year route as a skilled worker. I have been told by the lawyer that I should be able to start my qualifying period from the date of issue of the entry clearance (05.06.2019) and add the time between then and the date I entered the UK (15.06.2019) as an absence. So the plan is to file my application on the 8.05.2024.
The wording in the application questionnaire made me question if that is legitimate, because it explicitly asks for the date I enter the UK. I mean the following:
"Date you first entered the UK
When did you first enter the UK?
This is the date you entered the UK when the period of stay you are basing this application on started."

What is your opinion on this? Have you seen any cases of people putting entry clearance issue date there and the case being successful?
It is not an uncommon situation, it is the norm.
I worry it may get rejected because of applying too early.

Thanks!
No need to complicate things with the convoluted way your lawyer outlined.
Start date on your route is Issuance date.
Stop overthinking/worrying

Tanyant
Newly Registered
Posts: 3
Joined: Tue Mar 05, 2024 5:03 pm
Russia

Re: Can I start my 5 year qualifying period from the date of entry clearance.

Post by Tanyant » Wed Mar 27, 2024 11:04 am

That makes sense, thanks everyone!
So I should put my actual first entry date in response to that question, whilst also adding the 10 days period between the issue of entry clearance and entering the UK to the list of absences?

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zimba
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Re: Can I start my 5 year qualifying period from the date of entry clearance.

Post by zimba » Wed Mar 27, 2024 11:26 am

Tanyant wrote:
Wed Mar 27, 2024 11:04 am
That makes sense, thanks everyone!
So I should put my actual first entry date in response to that question, whilst also adding the 10 days period between the issue of entry clearance and entering the UK to the list of absences?
You do not need to enter the initial gap at all.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Tanyant
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Posts: 3
Joined: Tue Mar 05, 2024 5:03 pm
Russia

Unauthorised absences when applying for ILR

Post by Tanyant » Mon May 06, 2024 9:10 pm

I had 3 trips during my past employment where I was working remotely and now they are not willing to confirm this as an authorised leave.
They are 10, 11 and 7 days long. None with my current employer.
Is that a problem and what can I do?

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CR001
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Re: Unauthorised absences when applying for ILR

Post by CR001 » Mon May 06, 2024 9:13 pm

How do expect your current employer to confirm absences with another different employer. Totally unrealistic.

You do NOT need an absence letter from previous employers either.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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zimba
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Re: Unauthorised absences when applying for ILR

Post by zimba » Mon May 06, 2024 10:16 pm

Tanyant wrote:
Mon May 06, 2024 9:10 pm
I had 3 trips during my past employment where I was working remotely and now they are not willing to confirm this as an authorised leave.
They are 10, 11 and 7 days long. None with my current employer.
Is that a problem and what can I do?
READ: All you need to know about the sponsor letter for Skilled Worker route
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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