ILR Tier 1 - Long Absences under Tier 1 (G)

[naras]

Hi All,

Can some one help me if i am eligible for ILR to apply in October 2013.
Or is it good to go for Tier 1 extension.

My 5 years absences goes like the below table.
2 October 2013 --> 1 October 2012 >>> 000
2 October 2012 --> 1 October 2011 >>> 020 (Annual paid hilidays)
2 October 2011 --> 1 October 2010 >>> 030 (Annual paid hilidays)
2 October 2010 --> 1 October 2009 >>> 230 ( Bussiness trip not paid in UK)
2 October 2009 --> 1 October 2008 >>> 180 ( Buiness trip not paid in Uk)

[CR001]

2 October 2010 --> 1 October 2009 >>> 230 ( Bussiness trip not paid in UK)
2 October 2009 --> 1 October 2008 >>> 180 ( Buiness trip not paid in Uk)

I am not overly familiar with PBS route but from numerous posts on the forum, these two years appear to be your biggest hurdle as you were not paid in the UK and the absence is substantial - break in residence perhaps. Perhaps a guru can confirm.

[naras]

2 October 2010 --> 1 October 2009 >>> 230 ( Bussiness trip not paid in UK)
2 October 2009 --> 1 October 2008 >>> 180 ( Buiness trip not paid in Uk)

I am not overly familiar with PBS route but from numerous posts on the forum, these two years appear to be your biggest hurdle as you were not paid in the UK and the absence is substantial - break in residence perhaps. Perhaps a guru can confirm.

Thanks CROO1, Can some guru's can confirm if there is any chance i can try with?

[physicskate]

2 October 2010 --> 1 October 2009 >>> 230 ( Bussiness trip not paid in UK)
2 October 2009 --> 1 October 2008 >>> 180 ( Buiness trip not paid in Uk)

I am not overly familiar with PBS route but from numerous posts on the forum, these two years appear to be your biggest hurdle as you were not paid in the UK and the absence is substantial - break in residence perhaps. Perhaps a guru can confirm.

Thanks CROO1, Can some guru's can confirm if there is any chance i can try with?

I am NOT a guru, but the rule changes in December mean that you cannot be absent for more than 180 days in each year. The year is counting backwards from the date you apply - so the format you have it in is correct. There is no discretion for the 180 days per year.

You would have to apply when your absence is split so that you do not go over 180 days in any one 365 day period. So no, you will not be eligible in October of this year. If you waited a few additional months, you might be able to divide that 230 day absence between two years?

Also, you might need a letter from your employer detailing all absences, not sure if that is just Tier 2 applicants or includes Tier 1 applicants too!

I cannot comment on the impact of not being paid in the UK.

[Seanpicasso]

2 October 2010 --> 1 October 2009 >>> 230 ( Bussiness trip not paid in UK)
2 October 2009 --> 1 October 2008 >>> 180 ( Buiness trip not paid in Uk)

I am not overly familiar with PBS route but from numerous posts on the forum, these two years appear to be your biggest hurdle as you were not paid in the UK and the absence is substantial - break in residence perhaps. Perhaps a guru can confirm.

Thanks CROO1, Can some guru's can confirm if there is any chance i can try with?

I am NOT a guru, but the rule changes in December mean that you cannot be absent for more than 180 days in each year. The year is counting backwards from the date you apply - so the format you have it in is correct. There is no discretion for the 180 days per year.

You would have to apply when your absence is split so that you do not go over 180 days in any one 365 day period. So no, you will not be eligible in October of this year. If you waited a few additional months, you might be able to divide that 230 day absence between two years?

Also, you might need a letter from your employer detailing all absences, not sure if that is just Tier 2 applicants or includes Tier 1 applicants too!

I cannot comment on the impact of not being paid in the UK.

I second this explanation.

UKBA clearly says no 180-day absence should be considered for ILR. You could switch the consecutive year to balance the total absence in each 12 month period.

[ban.s]

Also, you might need a letter from your employer detailing all absences, not sure if that is just Tier 2 applicants or includes Tier 1 applicants too!

As per the new rules w.e.f 6th April 2013 Tier 1 applicants also need to submit a letter from their employer confirming the nature of the absences e.g. business trip, annual leave etc. For annual leaves, your employer don't need to confirm where you went but the duration of the annual leaves.