Tier 1(General) to ILR

[oskhan]

History and Summary

HSMP visa Stamp : 20th March 2008
First Entry into UK : 12th May 2008

Number of days after stamping : 53 days

Moved to Tier 1(General) - 20th March 2010, Granted for 3 yrs till 20th March 2013


Holidays Country Backwards if I apply on March 1st Inshallah

March 2013 - March 2012 - 52
March 2012 - March 2011 - 51
March 2011 - March 2010 - 87
March 2010 - March 2009 - 47
March 2009 - March 2008 - 0

All of these are annual leaves and I have always been paid.

Total Days Outside UK - 237
Arrival and Departure dates are 34.
Total Days outside excluding dep and arr - 203
Total Business Travel 12
Total Days Outside UK excluding business trips and dep and Arr - 191

Questions:

1. Do I need to submit any documents for Holidays?

2. My first job was from June 2008 to March 2009 before i went on holiday, then as soon as i came i was back to work and for NHS. Then they hired me Permanently in DEC 2009, Worked for them till June 2011. Then I moved to another company and I have been working for it so far. Alhamdullila

(A) Do I need to produce any employer letter or all pay slips?
(B) Do I just need to produce pay slips for last 12 months with bank statements?
(C) Do I need p60 for all the 4-5 years.

3. What do I mention in the question

" D2. Please confirm whether you have been outside of the UK for any single absence over 3
months or one or more absences which amount to more than 6 month in total during the 5 year
period:
Yes Go to question D3
No Go to section E"

4. I will prepare for Life in UK test and Write it .

5. Do I need any additional documents I need to submit.

If my ILR gets refused and I book another appoinment for tier 1 in a weeks gap, can i still apply for tier 1 extn?

Appreciate your help

[cs95tdg]

1) As you are applying for ILR as a Tier 1 General Migrant, no employer letter is required for annual leave or business related absences according to the current rules.
2) As you are applying under the PBS, the evidence you need here is from two sources to score the required points for your Previous earnings. Bank Statements and Payslips will do. Only you will know whether you require 12 of them. I.e. if you score the required points with less than 12 months earnings, then you just need to provide the evidence for those months.
As for the P60's, you can provide them to prove that you were economically active during your 5 year residence.
3) As you've mentioned that your total absences were 237 (i.e. more than 6 months), then answer to Question D2 would be "yes".
4) Is this a question? - You will need to do this.
5) Please read the SET(O) form and guidance to understand what documents you need.
6) Yes, you can apply for a Tier 1 extension if your ILR is refused.

Please make sure you read the FAQ sticky thread (http://www.immigrationboards.com/viewtopic.php?t=79378) and also the SET(O) form, guidance and latest immigration rules to understand whats required.

[oskhan]

As you have mentioned i have to say YEs to D3, What reason do i put in the box for d3?
D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences.

If my ILR gets refused, will there be any rejection chances for Tier Extn?

(I already qualify for tier 1)

[sureshuvce]

As you have mentioned i have to say YEs to D3, What reason do i put in the box for d3?
D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences.

If my ILR gets refused, will there be any rejection chances for Tier Extn?

(I already qualify for tier 1)

------

Hi
I had got ILR recently and I provided this list :
http://www.immigrationboards.com/viewto ... 530#759530


If my ILR gets refused, will there be any rejection chances for Tier Extn?
I hope you get ur ILR. but in case you dont, then your Tier1 extn will not be affected bcoz of the ILR rejection (if u already qualify for T1 extn).

One of my friends went to Liverpool PEO. He was told that he was not eligible for ILR due to a 'break' in his visas ("why" is out of scope here)
So, the visa officer asked my friend to fill the Tier1 extn form instead and then they approved the Tier1

My friend didnt have to pay fees for ILR as the visa officer at the counter checked his basic details in their system and said he wont get ILR on that day and so they advised him to apply for Tier1 extn.

[wpilr_nov12]

As you have mentioned i have to say YEs to D3, What reason do i put in the box for d3?
D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences.

If my ILR gets refused, will there be any rejection chances for Tier Extn?

(I already qualify for tier 1)

"Combination of paid/annual holidays and work related trips".

[oskhan]

As you have mentioned i have to say YEs to D3, What reason do i put in the box for d3?
D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences.

If my ILR gets refused, will there be any rejection chances for Tier Extn?

(I already qualify for tier 1)

"Combination of paid/annual holidays and work related trips".

Thanks for the information

[Bildor]

As you have mentioned i have to say YEs to D3, What reason do i put in the box for d3?
D3. If you have ticked ‘yes’ at question D2, please explain in the box below any reasons for these
absences.

If my ILR gets refused, will there be any rejection chances for Tier Extn?

(I already qualify for tier 1)

------

Hi
I had got ILR recently and I provided this list :
http://www.immigrationboards.com/viewto ... 530#759530


If my ILR gets refused, will there be any rejection chances for Tier Extn?
I hope you get ur ILR. but in case you dont, then your Tier1 extn will not be affected bcoz of the ILR rejection (if u already qualify for T1 extn).

One of my friends went to Liverpool PEO. He was told that he was not eligible for ILR due to a 'break' in his visas ("why" is out of scope here)
So, the visa officer asked my friend to fill the Tier1 extn form instead and then they approved the Tier1

My friend didnt have to pay fees for ILR as the visa officer at the counter checked his basic details in their system and said he wont get ILR on that day and so they advised him to apply for Tier1 extn.

@sureshuvce,
If you dont mind me asking, just out of curiousity, how long was this break in your friend's visa?

[cs95tdg]

If my ILR gets refused, will there be any rejection chances for Tier Extn?

(I already qualify for tier 1)

If your question is whether your T1G application will be rejected purely because your ILR application was refused, the answer is "No". So long as you meet the T1G requirements & qualify with the required points you will be fine.

[sureshuvce]

@sureshuvce,
If you dont mind me asking, just out of curiousity, how long was this break in your friend's visa?

Break was about 1 week I think (not v sure though, but its in that range only and not in months or years).

[oskhan]

If my ILR gets refused, will there be any rejection chances for Tier Extn?

(I already qualify for tier 1)

If your question is whether your T1G application will be rejected purely because your ILR application was refused, the answer is "No". So long as you meet the T1G requirements & qualify with the required points you will be fine.

Once i deduct the depature dates and Business Trips
Number of days outside UK are 186. I am on Tier 1 General.
Do I still need a Letter from Employer stating my Business Trips.

Am I taking a chance on the ILR or do I qualify and meet the Continues stay rule.

Appreciate your reply

[cs95tdg]

If my ILR gets refused, will there be any rejection chances for Tier Extn?

(I already qualify for tier 1)

If your question is whether your T1G application will be rejected purely because your ILR application was refused, the answer is "No". So long as you meet the T1G requirements & qualify with the required points you will be fine.

Once i deduct the depature dates and Business Trips
Number of days outside UK are 186. I am on Tier 1 General.
Do I still need a Letter from Employer stating my Business Trips.

Am I taking a chance on the ILR or do I qualify and meet the Continues stay rule.

Appreciate your reply

With the new immigration rule changes that came into effect in Dec 2012, simply stating the total number of non-business related absences is not sufficient to determine whether you meet the continuous residence requirements. Please take a look at Page 10 of the updated guidance below which provides an example of how to do this: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

1) Determine when you become eligible to apply for ILR = This will be your ILR application date.
2) Then calculate your absences (annual leave, business related and those due to serious or compelling reasons) for the 12 consecutive month periods during your 5 year residence, counting back from the date you have under point 1).

Once you have done this, you will know whether you are eligible or not.

See the following if you'd like another example on how to do this: It's a topic where I have explained how to do this calculation: http://www.immigrationboards.com/viewto ... ht=#758013

[oskhan]

If my ILR gets refused, will there be any rejection chances for Tier Extn?

(I already qualify for tier 1)

If your question is whether your T1G application will be rejected purely because your ILR application was refused, the answer is "No". So long as you meet the T1G requirements & qualify with the required points you will be fine.

Once i deduct the depature dates and Business Trips
Number of days outside UK are 186. I am on Tier 1 General.
Do I still need a Letter from Employer stating my Business Trips.

Am I taking a chance on the ILR or do I qualify and meet the Continues stay rule.

Appreciate your reply

With the new immigration rule changes that came into effect in Dec 2012, simply stating the total number of non-business related absences is not sufficient to determine whether you meet the continuous residence requirements. Please take a look at Page 10 of the updated guidance below which provides an example of how to do this: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

1) Determine when you become eligible to apply for ILR = This will be your ILR application date.
2) Then calculate your absences (annual leave, business related and those due to serious or compelling reasons) for the 12 consecutive month periods during your 5 year residence, counting back from the date you have under point 1).

Once you have done this, you will know whether you are eligible or not.

See the following if you'd like another example on how to do this: It's a topic where I have explained how to do this calculation: http://www.immigrationboards.com/viewto ... ht=#758013

Do my Pay slips and bank statements have to have the same address on them.

I had moved recently and never updated the bank address details.
Recently I called them and they send me a copy of my statements for past 12 months and Bank Cover letter does have my new address on it but rest of the statements have old address. My pay slips have new aadress on all 12 pay slips.

Is this a issue.

Appreciate you helping me out

[cs95tdg]

Do my Pay slips and bank statements have to have the same address on them.

I had moved recently and never updated the bank address details.
Recently I called them and they send me a copy of my statements for past 12 months and Bank Cover letter does have my new address on it but rest of the statements have old address. My pay slips have new aadress on all 12 pay slips.

Is this a issue.

It would certainly make it simpler if they did have the same address. I wonder (& so might a caseworker) how you went by for 12 months without changing your personal correspondence address with your bank. I suspect you will be alright, so long as you aren't using those bank statements as proof of cohabitation where the address is a key aspect. When you say the bank cover letter does have your new address, is the old address then mentioned on each statement?

[oskhan]

Do my Pay slips and bank statements have to have the same address on them.

I had moved recently and never updated the bank address details.
Recently I called them and they send me a copy of my statements for past 12 months and Bank Cover letter does have my new address on it but rest of the statements have old address. My pay slips have new aadress on all 12 pay slips.

Is this a issue.

It would certainly make it simpler if they did have the same address. I wonder (& so might a caseworker) how you went by for 12 months without changing your personal correspondence address with your bank. I suspect you will be alright, so long as you aren't using those bank statements as proof of cohabitation where the address is a key aspect. When you say the bank cover letter does have your new address, is the old address then mentioned on each statement?

I didnt require the statments and I always saw them online. I am a single applicant and dont have any cohab documents to show.

The bank cover letter has got new adress on the top. and every statement within has got a old address.

[cs95tdg]

I didnt require the statments and I always saw them online.

In that case, I'd just have a personal cover-letter handy explaining this, to provide if the case worker raises a question on why the address is different. I presume the bank cover letter was addressed to you and hence, will not be part of your application.

[oskhan]

I didnt require the statments and I always saw them online.

In that case, I'd just have a personal cover-letter handy explaining this, to provide if the case worker raises a question on why the address is different. I presume the bank cover letter was addressed to you and hence, will not be part of your application.

The cover letter just says that these are copy statements and same as original and they have charged a fee of 5 pounds.

Is this going to hinder my chances of ILR or risking them?

[cs95tdg]

IMO, No. But its always better to be prepared than sorry later, so as mentioned, just be prepared to answer any questions that may be raised as to why there is a difference in the address on the bank statements, by having a cover letter at hand.

[oskhan]

IMO, No. But its always better to be prepared than sorry later, so as mentioned, just be prepared to answer any questions that may be raised as to why there is a difference in the address on the bank statements, by having a cover letter at hand.

Couple of more question please.

Do I need to take copies of HSMP and Tier 1 approval letter copy?
Does I need to get a Employer letter for my absesteees ?

[cs95tdg]

1) No
2) Not if you are applying for ILR as a T1G Migrant.

[ilrupdates]

1) As you are applying for ILR as a Tier 1 General Migrant, no employer letter is required for annual leave or business related absences according to the current rules.
2) As you are applying under the PBS, the evidence you need here is from two sources to score the required points for your Previous earnings. Bank Statements and Payslips will do. Only you will know whether you require 12 of them. I.e. if you score the required points with less than 12 months earnings, then you just need to provide the evidence for those months.
As for the P60's, you can provide them to prove that you were economically active during your 5 year residence.
3) As you've mentioned that your total absences were 237 (i.e. more than 6 months), then answer to Question D2 would be "yes".
4) Is this a question? - You will need to do this.
5) Please read the SET(O) form and guidance to understand what documents you need.
6) Yes, you can apply for a Tier 1 extension if your ILR is refused.

Please make sure you read the FAQ sticky thread (http://www.immigrationboards.com/viewtopic.php?t=79378) and also the SET(O) form, guidance and latest immigration rules to understand whats required.

Hi cs95tdg,
I think Question D2 in Set O form is no more valid now as I have read few posts here. some people email replies from ukba saying D2 will be removed from the form in next edition. Am I right, please confirm

[cs95tdg]

Yes, subsequent to the UKBA clarification, question D2 need not be answered.

[zeenatmadhani]

Hello

I got my Tier 1 (General) on 15/01/2010

I came to UK on 30/03/2010

I got my Tier 1 (General) extension till 15/01/2015

when can i apply for ILR?
I came 75 days late to uk after i got my initial visa

do i need 2nd extension before i apply for ILR?

[cs95tdg]

do i need 2nd extension before i apply for ILR?

No. You will be eligible to apply from upto 28 days before the 5th anniversary from your EC date (15/01/2010) as you first entered the UK within 3 months of EC.

[mptj]

Hi

I am planning to apply for ILR but wish to know what document proof I would need to support/submit my less than 180 days absence which was mainly due to family visit/holidays. Out of total 05 years, initial 14 months were on work permit (absence 32 days) and remaining time is on Tier1 (around 130 days).

Please help.

Regards

G

[uksettlement]

you are correct ilrupdates

http://www.whatdotheyknow.com/request/c ... ermited_ab