Questions

[RP2012]

180 days absence - could it include unpaid leave for holidays?

[praveenlr]

Hi, I have following question for my ILR application due in October 2013

My initial tier-1 General was granted on July 2008 until Nov 2011
In my next extension I was given a further exension until Nov 2013.

Now I got 5 years 4 months in total as a tier-1 general migrant. I went to home country after the initial grant for total 91 days (Aug 2008 - Nov 2008) not knowing the fact that I should stay outside UK for more than 180 days.

after that I have travelled to home country in between. When I calculate the total time I have spent outside, it has come up as 178 days.

If I apply for ILR in Oct 2013, 28 days before actual expiry and consider 5 year period from the date of application, it is coming as 120 days as my stay outside uk.

Now my question is...am I in a strong position to get ILR in October?
How the home office will look at my case?

[mk.elysian]

Hi Praveenlr,
Q17 should answer your query in the following link.

http://www.immigrationboards.com/viewtopic.php?t=79378

Count absences in each year. Hope this helps.

[william22]

This permission is known as 'leave to enter' or 'leave to remain'. ... protection you will need to apply for indefinite leave to remain (ILR) before your leave expires.

[wazee89]

why we have to give details of full 5 years income under Tier 1 (general) settlement application?
Don't they ask for earnings, earned in the last 12 months?
What of someone is unemployed for sometime during his/her 5 years stay?

[sreekan2]

Hi, I will be getting my sponsored Tier 2 visa this week, I am planning to go to India straight after I receive my visa, is it OK to stay there for 2 months
Thanks

[zahid.ali.anwar]

Hi,

Can anyone give me the NEW settlement policy ops team email address. I have sent an email on the below mentioned email address and I have received the following reply;

SettlementOpsPolicy@homeoffice.gsi.gov.uk

This is an automated response

Important information: Please read.

Due to a restructuring of work this mailbox has now been closed for queries from outside of UKBA.

Thanks,

[emuser]

My Case - HSMP(2 yrs) + Tier 1(3 yrs)
In the above case, can anyone please list down the document checklist required for ILR.

Thanks for the time.

[natspace]

Hi,

In line with these FAQ's, I wanted to know if anyone knows the format that is required for the letter from employer for Work Permit/Tier 2 to ILR applicants based on this:

"A letter from the employer detailing the purpose and period of absences in connection with the employment, including periods of annual leave. Where the absence was due to a serious or compelling reason, a personal letter from the applicant which includes full details of the reason for the absences and all original supporting documents in relation to those reasons - e.g. medical certificates, birth/death certificates, information about the reasons which led to the absence from the UK."

I have seen an example format for still being in employment along woth being paid as the appropriate level (http://www.immigrationboards.com/viewtopic.php?t=76413), but have not seen any format for this new bit that has been asked since Dec 2012.


Many Thanks

[missgolightly]

I continue to be confused regarding the evidence/reasons that are now required for absences for Tier 1 (General) applying for ILR.

In the FAQ Q16 point b), it says that evidence for absences must be provided for compelling or compassionate reasons only.

However reading the guidance, it clearly states:

Absences must be connected to the applicant’s sponsored or permitted employment, or the
permitted economic activity being carried out in the UK, for example, business trips or short
secondments. This also includes, if appropriate, any paid annual leave. Evidence in the
form of a letter from the employer setting out the reasons for the absences, including annual
leave, must be provided. Tier 1 (General) applicants who are self-employed or in business
must provide a letter of explanation of their business-related absences.

does being "in business" means being employed? The comment regarding self employed or "in business" suggests explanation for business trips only, but the paragraph above mentions annual leave. This really suggests that I will need a letter from my employers explaining my days of annual leave (which doesn't even necessarily mean I was out of the country so the whole requirement makes no sense).

I am trying to understand the rules by reading the guidance, but reading the FAQ has now confused me.

Can someone explain the FAQ Q16 point b a little further?

Many thanks for all the help.

[shahmir]

Q3 - When does my ILR qualifying period start?
For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.

Above is wrong.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

See page 21
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

Which means in the above example, period between 1 Feb to 20 Feb may be counted towards qualifying period if first arrival in the UK is within 90 days of getting EC, which means ILR qualifying period starts on 1st February.



I might be wrong but with reference to above, to me, answer to Q17a also needs ammendment.
If UKBA starts your qualifying period from the day when you were not physically in the UK (I mean the day when you got EC), this means everything is not in "physical" context. So in above example, 1 Feb is a 'virtual start' but a 'physical absence'. Then period from 1 Feb to 20 Feb should be treated as an 'absence'. However, this absence is disregarded provided the period of delay does not exceed 90 days.

Again full sentence
Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

So basically I think it is an absence but they are not counting it as absence, because this absence is disregarded.

Please can anyone also answer the below question:

why we have to give details of full 5 years income under Tier 1 (general) settlement application?
Don't they ask for earnings, earned in the last 12 months?
What of someone is unemployed for sometime during his/her 5 years stay?

[TheGreenTea]

FAQ from UKBA true on 19 April 2013

Employment Routes: Continuous Residence


Q. When does my 5 year continuous period for settlement (ILR) start?
A. The continuous period is counted backwards from the date of application for ILR.

Example: Application date 11 November 2012

Year 1 11 November 2012 to 12 November 2011
Year 2 11 November 2011 to 12 November 2010
Year 3 11 November 2010 to 12 November 2009
Year 4 11 November 2009 to 12 November 2008
Year 5 11 November 2008 to 12 November 2007


Q. I received my grant of leave but delayed my entry to the UK; have I broken the 5 year continuous period for ILR?
A. No. Provided the delay was no longer than 90 days, we will count the time between you being granted entry clearance and coming to the UK towards the continuous period for ILR,

Q. If I delayed my entry to the UK by less than 90 days, can I still apply at a PEO 28 days before my leave expires?
A. Yes you can still make your application at a PEO 28 days before your current leave expires

Q. I have been absent from the UK for annual holidays, and to attend a number of business meetings; have I broken my 5 year continuous period for ILR?
A. If your absences within any 12 consecutive month period of the 5 year continuous period do not exceed 180 day, you will not have broken the continuous period for ILR. You must provide evidence of all absences.

Q. I have been absent from the UK on business trips and have exceeded the 180 day limit over one or more of the 12 consecutive month periods; have I broken my continuous period for ILR?
A. Yes, even if the180 day limit is exceeded by only 1 day.

Q. If I have been outside of the UK for less than 24 hours, will this count as one day’s absence from the UK?
A. No, only whole days will be counted towards the 180 day limit


For more details, please also see the following link to the Continuous Residence guidance on our website:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


Long Residence (10 Years): Continuous Residence

Q. I have previously made an application for further leave to remain 7 days after my original leave expired. Will my residence in the UK be deemed as legally continuous?
A. A single period of 10 days or less with no valid leave to remain in the UK will be disregarded and so for these purposes your legal leave shall be deemed to have been continuous.

We will also allow your ILR application to be submitted up to 28 days after your last period of further leave expires.


Family Members: Continuous Residence

Q. I need to meet a qualifying period before applying for settlement (ILR). When does this period begin?
A. If you entered the route overseas, the qualifying period will begin when you arrive in the UK. If you ‘switched’ into the route within the UK, the qualifying period begins on the date you were granted leave.


Family Members – Transitional Arrangements

Q. I was granted leave onto the Family route before the Rules change on 9 July 2012. Do I need to meet the new Rules at my next application?
A. No, anyone granted leave on the basis of the Rules in place before 9 July 2012 will need to meet those Rules when applying for further leave or settlement. Please see our website:

http://www.ukba.homeoffice.gov.uk/visas ... fore9july/

English Language requirement for Leave to Remain as a Family Member

Q. Do I need to meet the English Language requirement?
A. You will need to meet the requirement if you are applying for Entry Clearance or Leave to remain as a Partner or as a Parent of a person settled in the UK.

Q. What can I do to meet this requirement?

A. You can meet the requirement in one of the following ways:

* by passing an acceptable test at a minimum level A1 of the Common European Framework of Reference for Languages (CEFR) with an approved provider, or
* by being a national of a majority English speaking country, or
* by having an academic qualification equivalent to a Bachelor’s or Master’s degree or PhD in the UK, which was taught in English.

Further information is available on our website:
http://www.ukba.homeoffice.gov.uk/visas ... -language/


Q. Is this the same as the Knowledge of Language (KOL) requirement at Settlement and Citizenship?
A. No, this is a separate requirement and asks for a different level of English. Unlike KOL, you cannot use the Life in the UK test to meet this requirement.


Dependants of Points Based System (PBS) Migrants

Q. I am the dependant of a PBS Migrant who has now become settled in the UK. Do I need to switch into the ‘Partner of a Settled Person’ category?
A. This will depend on how the PBS Migrant applied for settlement. If they were granted on the basis of being a PBS Migrant (under Tier 1 or Tier 2) then you will not need to switch and you can apply for an extension as a PBS dependant until you meet the requirements for settlement yourself.

If the PBS Migrant applied for settlement under the Long Residency provision, then you can no longer be considered as a PBS Dependant and you must apply for Leave to Remain as the ‘Partner of a Settled Person’ on application form FLR(M).


Q. I switched into the ‘Partner of a Settled Person’ category before 9 July 2012; do I begin my qualifying period again?
A. No, you can combine leave as a PBS dependant with leave as the partner of a settled person to meet the qualifying period under paragraph 287.

Q If I have leave as a PBS dependant, what form do I use when I apply for settlement?
A Form SET(O)

Q If I have leave as a Partner of a Settled Person what form do I use when I apply for settlement?
A Form SET(M)

Criminality Requirement for Settlement

From 13 December 2012 applicants must not fall for refusal under the general grounds for refusal.
Please refer to the full criminality guidance within General guidance for more information http://horizon.gws.gsi.gov.uk/portal/si ... b1a8c0RCRD


If you applied before 13 December 2012, you must still meet the criminality requirement for settlement

Please see the following link to the criminality guidance.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
We are not responsible for this Policy but, if necessary because the answer is not included in the above guidance, we will contact the relevant department to provide you with a response.


Requests to Return Your Documents or to Withdraw an Application

Applicants requesting the withdrawal of their application or a document to be returned from an application must use the correct form on our website:
http://www.ukba.homeoffice.gov.uk/about ... documents/

Applications will not be passed for urgent consideration unless the applicant is prepared to withdraw the application and only if a decision cannot be made in a timely manner. If the caseworker cannot consider the application before the travel date or in a timely manner, then it may be withdrawn in order to meet travel requirements.

Requests to Expedite an Application

Please note, this is not the correct address for these enquiries and you should contact the relevant casework department. We will forward any enquiries we do receive to the correct department but we will not provide an individual response.

Thank you
Settlement Operational Policy Team

Taken from here:
https://www.whatdotheyknow.com/request/ ... ponse.html

[glasgow]

Q35 - I am a Tier 1 (General) migrant. How can I satisfy the following instruction in section 11L of the SET(O) form - "For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."?
1. If your (5 year) qualifying residential period preceding settlement application does not include a period of stay in the UK as a WP migrant, Tier 2 migrant, innovator, self-employed lawyer or as a Writer, Composer or Artist, and you never entered UK before being granted leave in any of these categories then this instruction does not apply to you.
2. If your (5 year) qualifying residential period preceding settlement application includes a period of stay in the UK as a WP migrant, Tier 2 migrant, then this instruction applies to you and the documentary evidences required will depend on which leave you were under.
3. If you were in the UK in any other immigration category (other than Tier 1 (General) and other than any of the categories mentioned in 1. above) and switched to Tier 1 (General) this instruction may apply to you and the documentary evidences required will depend on which leave you were under.

Please, I need clarification on the above requirement. Below is my situation:

1. Got Fresh Talent Scheme in 2007 but switched to Tier 1 General in Jun 5, 2008
2. Been in Tier 1 General from 05-Jun-2008 till date (Current Tier 1 leave valid until Jan 25, 2014
3. I intend to apply for ILR because I will be clocking 5 years in Tier 1 General in 04-Jun-2013
4. 5 years in Tier 1 General => 05-Jun-2008 to 04-Jun-2013.

Considering my case above, does this requirement apply in my case? If yes, what kind of documents do I have to provide?

Thank you.

[glasgow]

Q35 - I am a Tier 1 (General) migrant. How can I satisfy the following instruction in section 11L of the SET(O) form - "For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."?
1. If your (5 year) qualifying residential period preceding settlement application does not include a period of stay in the UK as a WP migrant, Tier 2 migrant, innovator, self-employed lawyer or as a Writer, Composer or Artist, and you never entered UK before being granted leave in any of these categories then this instruction does not apply to you.
2. If your (5 year) qualifying residential period preceding settlement application includes a period of stay in the UK as a WP migrant, Tier 2 migrant, then this instruction applies to you and the documentary evidences required will depend on which leave you were under.
3. If you were in the UK in any other immigration category (other than Tier 1 (General) and other than any of the categories mentioned in 1. above) and switched to Tier 1 (General) this instruction may apply to you and the documentary evidences required will depend on which leave you were under.

Please, I need clarification on the above requirement. Below is my situation:

1. Got Fresh Talent Scheme in 2007 but switched to Tier 1 General in Jun 5, 2008
2. Been in Tier 1 General from 05-Jun-2008 till date (Current Tier 1 leave valid until Jan 25, 2014
3. I intend to apply for ILR because I will be clocking 5 years in Tier 1 General in 04-Jun-2013
4. 5 years in Tier 1 General => 05-Jun-2008 to 04-Jun-2013.

Considering my case above, does this requirement apply in my case? If yes, what kind of documents do I have to provide?

Thank you.

Please, can someone help me clarify this? Thanks

[vikas0249]

I would like any assistance in helping me figure out the type of application I need to use for my wife.

I will be applying for ILR this August. I am on Tier 1 (General) and my wife is currently my dependant since 23rd July 2012. But we have been living together in the UK since 2007. My wife has been on different visas during this period, first on a work permit and then Tier 1 herself before she became my dependant. My 2 year old son who is born in the UK is also my dependant.

Can I apply using the SET (O) form with my wife and son as dependants? or will she need another form (FLR (M))? Although my wife has not been on this category (dependant) for 5 years, she has been living with me (same address co-habitants) for more than 5 years. Will this suffice for ILR for all 3 of us?

[vinny]

See also Dependants of ILR (economic, 5 year route) applicants.

After a parent is granted ILR, his/her UK-born child is also entitled to register as a British citizen.

[vikas0249]

I have seen that thread, but still the confusion remains. I want to know if I can apply for ILR for my wife as a Dependant based on the fact that we have lived together for more than 5 years here, even though she is on e dependant visa since 23 July 2012.

The thread states that for applications made before 9 July 2012 "The '2 year' period need not be as a "dependant"". There is no mention of the same for applications made after 9 July 2012. It just states that "This '5 year' period need not be 'continuous'".

[vikas0249]

Any thoughts on the above, experts?

[vikas0249]

Is there anyone who can help me please?

[Sep08T1Applicant]

Is there anyone who can help me please?

I have similar situation and still looking for an answer, check my post it you might find it useful
http://www.immigrationboards.com/viewtopic.php?t=136025

[Spring]

I have an urgent query re: Section 11L

-------------------------------------------------------------------------------------
"Tier 1 (General) migrant If you are applying for indefinite leave to remain on completing 5 years’ continuous stay in the UK made up of leave as a Tier 1 (General) migrant and leave as a highly skilled migrant, work permit holder, innovator, self-employed lawyer or writer, composer or artist, in addition to the relevant documents in 11A, you must provide the following documents:

a. Evidence specified in section 9A of this form

b. For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."

-------------------------------------------------------------------------------------

For 2 years I've been on HSMP then 3 years in Tier1 (general), what are the supporting evidence I am required to provide?

The supporting evidence for 9a I understand, but...

The supportive evidence to qualify for HSMP should surely be in the possession of Home Office already during my previous application. Also, in the current Set O form, there is a specific instruction that states that we do not need to submit previous qualifications that were submitted in previous application.

Hence, what documents should I submit as supporting evidence for the part b in Section 11L?

Any advice or suggestions will be most gratefully received.

Many thanks.

[Anio]

Q. When does my 5 year continuous period for settlement (ILR) start?
A. The continuous period is counted backwards from the date of application for ILR.

Example: Application date 11 November 2012

Year 1 11 November 2012 to 12 November 2011
Year 2 11 November 2011 to 12 November 2010
Year 3 11 November 2010 to 12 November 2009
Year 4 11 November 2009 to 12 November 2008
Year 5 11 November 2008 to 12 November 2007

I’m a bit confused about how this continuous period is calculated. As I’m applying on 22nd July, my consecutive periods would be:

Year 1 – 22 July 2013 to 21 July 2012 etc
Year 5 – 22 July 2009 to 21 July 2008

But… I only got entry clearance from 14 August 2008 and arrived in UK 1 October 2008. How is my continuous period starting from July 2008?

Sorry, this might sound like a dumb question but I just don’t get it. Can someone throw some light on the logic?

[creata]

Hi guys,
I claim earnings as combination of employment and self-employment. What kind of reference should I inquire HMRC to proof that all tax/NI paid in full for all years?

Another question about ltd company. I did have one at the beginning, then it was struck-off ( ). There was no income there, the company owed me the money. Do I need to provide reference from HO on this too? What kind of reference?

[Tocaio]

Hello,

The "28 days before" rule when applying (for me it would be 28 days before the 5th year in the UK, as a work permit and now tier 2 visa holder), is valid for both post and in person applications?

I couldn't find any information about it so I guess it applies to both.

I'm just being extremely cautious as I'm applying in person and the fees are very expensive, so a confirmation before I book my appointment would be really reassuring

[rajesh9pl]

Q19 - We can post the excerpt from SET (M). This will cut down number of questions asked on cohabitation requirement, mainly by Tier 1(G) applicants.

Cohabitation documents:
We need 6 letters or other documents addressed to you jointly or in both your names. The dates of the letters or documents should spread over the whole 2 years. They should be from at least 3 different sources.

If you do not have enough items in your joint names, you may also provide items addressed to each of you individually if they show the same address for both of you.

For example – 4 items of correspondence in joint names to the same address and 2 items addressed to each partner at the address. In total 8 items will need to be submitted.

If you and your partner have no bills or correspondence in joint names you will need to submit 12 items (6 each) of correspondence,
evidencing that you reside together at the same address.

Examples of acceptable letters and documents are listed below. They must be originals.
1. telephone bills or statements
2. mortgage statements/agreement
3. bank statements/letters
4. council tax bills or statements
5. water rates bills or statements
6. electricity and/or gas bills or statements
7. tenancy agreement(s)
8. building society savings books/letters
9. letters or other documents from government departments or agencies, for example HM Revenue and Customs, Dept for Work and Pensions, DVLA and TV Licensing letters or other documents from your GP, a hospital or other local health service about.

Please give an explanation on a separate sheet if you cannot provide 6 items; if the documents are not addressed to both of you; or if they do not cover the 2-year period. If you and your partner lived with relatives or friends for some or all of the 2-year period, please provide a letter from the relative(s) and/or friend(s) confirming this.
If you did not live together for any part of the 2-year period, tell us the reasons for this and whether you stayed in contact with each other during this time, and provide any relevant supporting evidence.