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ILR - Absence evidence when absence is less than 180 days

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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db83
Member
Posts: 184
Joined: Thu May 05, 2011 10:18 am
Location: Mars

ILR - Absence evidence when absence is less than 180 days

Post by db83 » Wed Jan 30, 2013 9:47 pm

Hi there

I'd a question on the new rules and wanted to see if anyone in a smilar situation applied and received the ILR. I read the new guidelines which says "180 days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application"

I've tabulated my absences in UK and it looks like this.

To From Days Outside <180 days
Year 1 15/02/2013 14/02/2012 35 Yes
Year 2 15/02/2012 14/02/2011 30 Yes
Year 3 15/02/2011 14/02/2010 50 Yes
Year 4 15/02/2010 14/02/2009 90 Yes
Year 5 15/02/2009 14/02/2008 80 Yes


From April 2007 to September 2008, I was on Work Permit and there after in Tier 1. When I was on Tier 1 General, I was not residing in UK from Dec 8,2008 to June 14,2009.

My question is
<i> Will I be eligible for ILR with the new rules ?
<ii> Because my absence is less than 180 days in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application - do I need to have an evidence for absence even though I was on Tier 1 then.

cheers, D

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
India

Re: ILR - Absence evidence when absence is less than 180 day

Post by uksettlement » Wed Jan 30, 2013 10:05 pm


My question is
<i> Will I be eligible for ILR with the new rules ? Yes
<ii> Because my absence is less than 180 days in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application - do I need to have an evidence for absence even though I was on Tier 1 then.
No evidence is needed for tier 1. However, you will need absence keeper from employer when you were on work permit
cheers, D
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

db83
Member
Posts: 184
Joined: Thu May 05, 2011 10:18 am
Location: Mars

Post by db83 » Wed Jan 30, 2013 10:56 pm

Thanks, when you say absence keeper is required - does that mean, I need a letter from the company to state my absences when I was with them on WP.

Ta

Sarfi
Junior Member
Posts: 55
Joined: Fri Nov 30, 2012 10:08 pm

Re: ILR - Absence evidence when absence is less than 180 day

Post by Sarfi » Thu Oct 17, 2013 1:06 pm

db83 wrote:Hi there

I'd a question on the new rules and wanted to see if anyone in a smilar situation applied and received the ILR. I read the new guidelines which says "180 days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application"

I've tabulated my absences in UK and it looks like this.

To From Days Outside <180 days
Year 1 15/02/2013 14/02/2012 35 Yes
Year 2 15/02/2012 14/02/2011 30 Yes
Year 3 15/02/2011 14/02/2010 50 Yes
Year 4 15/02/2010 14/02/2009 90 Yes
Year 5 15/02/2009 14/02/2008 80 Yes


From April 2007 to September 2008, I was on Work Permit and there after in Tier 1. When I was on Tier 1 General, I was not residing in UK from Dec 8,2008 to June 14,2009. ????? & where is leave from Dec 8 , 2008 to Jun 14, 2009????? YOUR ABSENCE is year 5 > 180 days; Have you got ILR still AMAZING ; BASICALLY you weren't inside UK on 14/02/2008?

My question is
<i> Will I be eligible for ILR with the new rules ?
<ii> Because my absence is less than 180 days in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application - do I need to have an evidence for absence even though I was on Tier 1 then.

cheers, D

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