ILR or Tier 1 extension ? 180 days rule confusion

[neti]

Hi Please if Senior members can help me

I have been to uk previously to Oct 2008 as well 2-3 times; In latest period of visits as below : -

1. I entered uk on 2nd Oct 2008 as Work Permit (company sponsored) stayed until 15th May 2009.

2. In Jan 2009 I converted into Tier 1 General visa holder,

3. I moved out of uk for 8 months period, in May 2009 and entered in Feb 2010 again. For these 8 months I Did NOT get any salary or income in UK.

4. In Feb 2010 I entered in UK again - since then I am contineously in uk exception one trip each year from UK to home country of 30 days or so...

I have P60 forms for all above except for 2nd year (from start), NI entry is made only for 300 £ or so.. so it does not qualify for NI credits. Recent 3 P60 forms are good... show NI credits contineously

My querey - come Oct 2013, may I be able to calculate 5 years contineous period as below

1st year :
Oct 2008 to Sept 2009 ==> Absent from UK from May09 to Sept09 - 135 days

2nd year:
Oct 2009 to Sept 2010 ==> Absent from UK from Oct09 to Feb10 - 135 days

3rd year:
Oct 2010 to Sept 2011 ==> Absent from UK from in Jan2011 - 30 days

4th year:
Oct 2011 to Sept 2012 ==> Absent from UK from in Jan 2012 - 35 days

5th year:
Oct 2012 to Sept 2013 ==> Absent from UK in Dec 2012 - 25 days


Point here : 1) I entered UK intially as Work Permit holder in Oct 2008 then I converted to Tier 1 in Jan 2009 while in UK (in-country application)
2) I have 9 month contineouls break - i was out of uk, but can this be considered 4.5 months in first year and 4.5 months in next year. This is NON Paid in UK period. NI entries are very less for one year due to this.
3) Can I apply for ILR in OCT 2013...

Please please help me, as I need to decide if I should apply for ILR or wait for another 2 years and also spend lot of visa processing fees

Thanks in Advance, Apologies for long email and noise,
Neti

[Posting this message again here as this seems more correct place for this query]

[uksettlement]

Yes u can apply in oct 2013.

NI contributions don't matter.

Need a cover letter explaining your absence for 8 months and employer letter for 30 days paid leave.

[neti]

Thanks so much for reply,

for 9 months absence - what type of cover letter should i need,

personal or company - I was on tier1 during this period and Not paid in UK.

I have dilemma here
I was working for company X in UK in very first year for 8 months
I was working from offshore centre of SAME company, for 9 months
Then I come back to UK and work for SAME company further for 3 years with 22,22,25 days break once every year...

Now I fulfill requirements of ILR based on 'upto 180 days allowed in 12 demarcated months counting backwards'. Only dilemma is - I can not show my uk residence secondary - anytime - i was on UK assignment working in offshore as well to train users/support teams; but i was paid in INR and not in UK Pounds...

Please - what type of letter i should provide for 270 days continuous absence (split 140, 150 days in 2 years) from UK ?

I was not paid in UK during this time, neither I had Lease for uk address during this time ? I was not married then, it does not make sense just to rent a empty house.

Regards,
Neti

[Chittarout]

Hi, I am also in the similar situation.

I have completed 6 years (entered in April 2007) but I have almost a year absence at a stretch (Nov 2009 - Oct 2010).
I had to return to India due to my mother's poor health (for which I have medical reports/certificate) and my wife's delivery which happened in sept 2010.

I was thinking for applying for ILR in May so that the absence get divided into consecutive years.
Experts please let me know if I can go ahead with my application or wait till October 2015 (with 2nd Tier1 extension).
Also if anyone can suggest a solicitor.

Thanks,
Chittaranjan.

[Amber]

Hi

I had first time applied for Tier 1 general visa in Jan 2009. Earning table during that time was as below :

£23,000-£25,999 20
£26,000-£28,999 25
£29,000-£31,999 30

In 2011 - I had applied for 6 month early extension due to personal reasons, Obviously I have to re-apply for another extension to complete 5 years on Tier 1 visa. At this time UKBA rules for earning changed but because my previous Tier 1 was on old earning table, I was considered under old table (as above).

Just for reference New table during Jun - 2011 for new applicants were
£25,000-£29,999 5
£30,000-£34,999 15
£35,000-£39,999 20
(Well this new table was not applied to my Jun2011 extension as my previous tier 1 was in Jan 2009)

Now, come Jun 2013, for 2nd extension - which earning table should I consider - one which was active during PREVIOUS Application, that is NEW one OR one which was active during my FIRST Tier 1 visa application - the old one as above


Please can experts / senior members help me. UKBA references are confusing - at some places mentioning previous ILR etc...

Thanks in advanced and God bless,
Regards,
Neti

all your extensions will be under the old rules as you got initial Tier1 before April 2010

thanks Manka, much appreciate your help

[Amber]

Hi,

Apologies for troubling for simple query -

If I have Tier 1 extension valid upto May 2015.

and If I apply for ILR in Nov 2013 & if ILR is rejected due to non-contineous period / broken priod during past 5 years; I am still eligible to stay and work in UK on previous Tier 1 extension, right ?

I know this is pretty simple query, but sometimes mind go crazy. Just want to make sure there are no funny angles here...

Thanks in advanced,
Neti

Can you let us know on what grounds you think your application will be refused/rejected. Kindly confirm the dates of entry and number of days outside UK for clarification.

hi,

if ground for refusal is 'More than 180 days outside uk' in year 1 & 2;

I was out of uk from May 2009 to Jan 2010 - almost 9 month in single strech.

I wish to divide this across 2 years (by applying in Oct13) and use '180 days allowed outside in any 12 month consecutive period' - each years counted from date of application backwards.

my query is - will my current Tier 1 visa continue as valid visa - incase ILR is refused for above reason.


thanks in advance,
neti

[Amber]

Hi, I am on Tier 1 General visa valid till Jun 2015

I first come in Oct 2008, so in Oct 2013 I can try for ILR. One concern is I was out of country for almost 8 month in 2009,

My query is if my ILR is refused for this reason ( contineous stay broken), do I still continue to have current valid leave under Tier 1 general upto Jun 2015? So then I can try again in March 2015.

Please experts can you help me, What happens with my current leave to remain under tier 1 general if my ILR is refused due to contineous stay broken reason ?

Thanks in Advance,
Neti

sorry forgot to add this bit,

In Oct 2013, I am hoping to use 180 day in 12 year bucket rule, I will try to break those 8 months as 4 in previous year and 4 in next year

If you satisfy <180 days rule you will be fine provided you meet other criteria. In case of refusal your T1 status will still be the same i.e, valid until june 2015.

[Amber]

Hi,

i have asked this earlier as well, just want to re-assure myself ( i am very worried so... please forgive me for noise)


i have current valid Tier 1 General visa until Jun 2015;

if i apply for ILR and due to 180 day rule if my stay in UK is broken during 5 years ( I have one long 270 day gap which I am trying to split across 2 years); IF ILR is rejected - my current leave to remain in UK is still valid until Jun 2015 right ?

Even if ILR is rejected, I still get my BRP card back and continue to have current Tier 1 visa until Jun2015, so I can try for ILR again. Is this understanding correct ?

Any tricky things I should be aware in this case, I appreciate help greatly please.

Thanking in Advance,

regards
neti

Hi, My ILR got approved last week with long absence. I had 250 days continuous absence and total of 340 days in 5 years. My absences were spread across two 12 month periods.My absences were because of my employment. I produced the evidences to show that I was on employment during absences.

As long as your absences spread across 2 years, you need not to worry. Even in worst case, if your ILR is not successful, you can still work with your Tier 1 visa until 2015.

thank tier1holder,

was your absence one single instance or multiple instances ?

was it like 2-3 time but all less than 180 days.

My absence is in single instance away from uk for 270 days and Not paid in UK.

hence the worry,

In case, of ILR rejection, due to above reason, I want to know this does Not affect my current leave to remain

[xs2ahmed]

Hi Please if Senior members can help me

I have been to uk previously to Oct 2008 as well 2-3 times; In latest period of visits as below : -

1. I entered uk on 2nd Oct 2008 as Work Permit (company sponsored) stayed until 15th May 2009.

2. In Jan 2009 I converted into Tier 1 General visa holder,

3. I moved out of uk for 8 months period, in May 2009 and entered in Feb 2010 again. For these 8 months I Did NOT get any salary or income in UK.

4. In Feb 2010 I entered in UK again - since then I am contineously in uk exception one trip each year from UK to home country of 30 days or so...

I have P60 forms for all above except for 2nd year (from start), NI entry is made only for 300 £ or so.. so it does not qualify for NI credits. Recent 3 P60 forms are good... show NI credits contineously

My querey - come Oct 2013, may I be able to calculate 5 years contineous period as below

1st year :
Oct 2008 to Sept 2009 ==> Absent from UK from May09 to Sept09 - 135 days

2nd year:
Oct 2009 to Sept 2010 ==> Absent from UK from Oct09 to Feb10 - 135 days

3rd year:
Oct 2010 to Sept 2011 ==> Absent from UK from in Jan2011 - 30 days

4th year:
Oct 2011 to Sept 2012 ==> Absent from UK from in Jan 2012 - 35 days

5th year:
Oct 2012 to Sept 2013 ==> Absent from UK in Dec 2012 - 25 days


Point here : 1) I entered UK intially as Work Permit holder in Oct 2008 then I converted to Tier 1 in Jan 2009 while in UK (in-country application)
2) I have 9 month contineouls break - i was out of uk, but can this be considered 4.5 months in first year and 4.5 months in next year. This is NON Paid in UK period. NI entries are very less for one year due to this.
3) Can I apply for ILR in OCT 2013...

Please please help me, as I need to decide if I should apply for ILR or wait for another 2 years and also spend lot of visa processing fees

Thanks in Advance, Apologies for long email and noise,
Neti

[Posting this message again here as this seems more correct place for this query]

Neti when are you applying for your second extension ?

[neti]

Hi xs2ahmed,

I have 9 months GAP when I was not being paid in UK. working for same employer before i left and come back to UK. I had valid UK visa all the time (Tier 1 G).

based on 'Contineous Period calculation PDF on UKBA home office site', i think I am not breaking stay in UK; in this PDF - 12 month period are calculated based on date of application. and within any 12 month consequetive period maximum allowed time is 180 days.

I want to split 5.5 months in year 1 and 3.5 months in year 2. as above. year 3, 4 and current have only 45, 25, 25 etc absences.

neti