ILR Questions.. any help much appreciated!!

[mullinsky]

I have been on a Tier 2 general visa since August 29th 2009. I just renewed this visa for another 3 years but will become eligible for ILR obviously before this visa expires.

I have read that I can apply for ILR 28 days prior to 5 year anniversary of entrance to UK on my Tier 2 visa...Is that correct??

Where can I get a KOL in UK practice question book to study? When do I take this test? I think it used to be after the ILR and before the passport but now it is before the ILR??? Is that right?

The 180 days rule for full days outside the UK. How strict is this rule? I have read a lot about peoples situations and reasons for exceeding this amount of days and I was wondering if someone could shed some light on my situation. I work as a special needs teacher and I get 13 weeks off per year based on school holidays. This is all paid holiday and according to my taxes I am paid monthly the same amount wether I get 1-2 weeks off in that month or not. I am wondering if this paid leave can still count towards my 180 days. If you have holidays why would you not use them and travel? Many UK residents do this as much as I do. I have spent most of my holidays in Europe. I spend some time home in Canada at X-mas etc. I have read other peoples stories about this and just wanted a take on my situation from someone with experience.

I have counted up all my holiday trips since september 2009 and I have come to a total of 146 full days outside of the UK. I used old flight records and my passport stamps to figure it out. I have however come across some some trips where I never received an entry stamp to the EU country upon arrival. I have the return to UK stamp that coincides with the trip but any trip info I deleted long ago, like my itineraries. So what does UKBA do in a situation like this? My reasons for missing entrance stamps are a snow storm in France that shut the Dover/Calais port for a night (after sleeping on a bus overnight we finally got across and there was no stamp given. Many times when you are on a bus the boarder guards just look at your passport to make sure you do not need a visa and that is it.), arrival in Cyprus with no boarder control officers there to stamp passports (the whole plane just walked through) and similar things for a few other places. Any idea what they do with issues like this?

Overall, how serious is it to go over your 180 day limit and in my case do you think the UKBA agent would refuse me? Ideally I do not want have to stop travelling but my days are short and I have about 18 months to go before I can apply. So should I stay grounded to be on the safe side?

Thanks for any info.

[wpilr_nov12]

Before you stress yourself:

What was your initial visa stamp date in 2009?
If this was outside of UK, when did you then enter UK on that visa?
What is the expiry of your current visa?

Those details would help you get answer to your first question.

KOL etc, see UKBA website, search for Life in the UK. Better to do it ASAP as the test is changing from late March.

180 rule: if you have 146 days OUT OF UK (excluding departure and arrival dates in UK), just prepare a list of absences. Maybe get your employer to state that you were on paid holiday during those dates.

Take it one step at a time. No need to get stressed.

Good Luck.

[Kevin24]

Just study the Hand Book thoroghly and Try online questions.There are several web sites. you could choose from. That's what I did. Remember to Do the Exam before 25th March.

[mullinsky]

Thanks for all the info guys, a big help.

My original Tier 2 was dated on August 29th, 2009 and I entered the UK on it on September 5th, 2009 (stamp).

I renewed my Tier 2 in late July 2012. Do not have exact date on me at moment. It is for an additional 3 years though.

For the 180 days rules, I was planning to stay under the 180 days to make sure there was no issues with it but ideally I want to travel as much as I feel like whilst living here and having set school vacation dates. I am not too stressed about the 180 day rule because I am not over it yet but I do not want to be put in that position where I have to hire a lawyer to defend my application because it was refused by an agent because of this rule. So I was just wondering about other peoples experience with exceeding this 180 day rule and it being ok. From what I understand it is the agent you deal with who makes the decision on your application and you can appeal it but some are harder nosed than others.

I will look into KOL test but do you guys have any info on how it changes after March 25th exactly? Does it get harder or something . I will make sure to do it before then just to be safe. Any info on how far ahead you have to book a test?

So i think the big question here is what will UKBA agent do with my entry stamps to other countries that are missing. Any experience with those missing?

Cheers

[mullinsky]

Ok, found the study material etc and I have to wait 7 days before writing the test. Test is £50.

Just curious but is this a pass or fail thing? Like if you fail then no more chances to write it or is there a certain number of times you can write it?
Thanks

[maxdemon76]

You can take the test as many times as you like, but you have to pay £50 each time.

I think if you do need to re-take the test, you must wait a week before taking it again (but that I'm not too sure about).

Best to just pass it the first time.

[wpilr_nov12]

Ok, found the study material etc and I have to wait 7 days before writing the test. Test is £50.

Just curious but is this a pass or fail thing? Like if you fail then no more chances to write it or is there a certain number of times you can write it?
Thanks

You have to get at least 18 of 24 questions correct on the current test format. Test material and format is changing in March (25?).