ILR questions - Tier 1 G

[sanind8]

Hi All

I am on Tier 1 visa in UK valid till June 2017.
My stay in UK is as below.

Stay in UK
09 Apr 2011 - 07 May 2011
16 July 2011 - 24 Aug 2011
20 May 2012 – Till date

Out of UK
08 May 2011 – 15 July 2011
25 Aug 2011 - 19 May 2012
10 Jan 2015 - 02 Feb 2015

Could you please guide can I be illegible for ILR?

Thanks & Regards

[CR001]

What are you visa start and end dates? On what date did you arrive in the UK?

You would possibly only qualify in April 2016 after 5 years residence and only if you are able to split this absence into two 12 month periods

25 Aug 2011 - 19 May 2012

because it is more than 180 days.

[sanind8]

Thanks for your reply.

Please explain below comment.
only if you are able to split this absence into two 12 month periods because it is more than 180 days.

I am on Tier 1 visa in UK valid till June 2017. Initial visa was granted May 2010, however I came first time UK in Apr 2011.
My stay dates in UK are as below.

Stay in UK
09 Apr 2011 - 07 May 2011
16 July 2011 - 24 Aug 2011
20 May 2012 – Till date

Out of UK
08 May 2011 – 15 July 2011
25 Aug 2011 - 19 May 2012
10 Jan 2015 - 02 Feb 2015

If you see dates i am less than 180 days out in 2011 & 2012 respective year.

May I be illegible in Apr 2016 for ILR?

Regards

[rukmesh]

Your continuous years for ILR are counted backwards from your application date. If you plan to apply in April 2016 then your years would be like this

Year 1 (Apr-2016 - Apr-2015)
Year 2 (Apr-2015 - Apr-2014)
Year 3 (Apr-2014 - Apr-2013)
Year 4 (Apr-2013 - Apr-2012)
Year 5 (Apr-2012 - Apr-2011)

Now, According to your absences that you have provided, your leaves would be like this

Year 1 (Apr-2016 - Apr-2015)
Year 2 (Apr-2015 - Apr-2014) - 23 days
Year 3 (Apr-2014 - Apr-2013)
Year 4 (Apr-2013 - Apr-2012)
Year 5 (Apr-2012 - Apr-2011) 68 + 234

Going by this calculation you will NOT be eligible for ILR in 2016. What CR001 suggested that you could split the long absence by delaying your ILR by 8 months. For example, if you apply in Dec-2016, then your continuous period and absences would look like this

Year 1 (09-Dec-2016 - 08-Dec-2015)
Year 2 (09-Dec-2015 - 08-Dec-2014) - 23 days
Year 3 (09-Dec-2014 - 08-Dec-2013)
Year 4 (09-Dec-2013 - 08-Dec-2012)
Year 5 (09-Dec-2012 - 08-Dec-2011) 162

But this question is, do you leave to remain here until Dec'2016 ? If not, you might consider switching to Tier 2 General to cover up. Since I see that you have valid visa up to 2017, then you could apply in December and calculate your absences like it is given above.

I hope you understand this calculation.

Seniors, correct me if I am wrong

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

See page number 20

[sanind8]

Thanks very much for your detailed re ply. Appreciated if any correction comments please?

[rukmesh]

No problem .. Also, please bear in mind and be prepared that for 162 days absence, you will have to prove that you went out of UK for a good reason. Do not mention that you went to do a job to another country but you have time now, so prepare well .. keep all the documents solid and ready ..

good luck

[sanind8]

Thanks again.

For those 162 days - I was employed with Company Name IT company. Since my projects were back in India, I have to go back India.
Is this a valid or acceptable reason?

Regards

[rukmesh]

I am not sure about this .. I think it is not acceptable but let the seniors comment on it please.

[cs95tdg]

For those 162 days - I was employed with Company Name IT company. Since my projects were back in India, I have to go back India.

Were you working for your employer in the UK during this time (I.e. not a employer in India)? And were you paid in the UK during this time? I.e with corresponding Income tax payments and NI contributions to HMRC.

[sanind8]

Thanks for reply.

I was working for Company Name for following period.

09 Apr 2011 - 07 May 2011 (Company Name India/UK)
16 July 2011 - 24 Aug 2011 (Company Name India)
20 May 2012 - 30 Oct 2012 (Company Name UK)

Please comment.

Thanks

[cs95tdg]

My question was really to establish whether you were employed by a employer registered in the UK who also paid your salary in the UK, with associated income tax and NI contributions to HMRC, during your UK absence periods. The name of your employer(s) isn't required for this.

If you were employed and paid outside the UK (I.e. With no HMRC employment history over those absence periods) it may very well be seen as a break in your continuous residence. So that's the reason for the question.

[bond.boy203]

You have been living continuously since 20.May-2012 so you can apply for ILR 28 days before 20.May-2017. I see you have Visa till June.2017. So it will not be an issue.

[iubus2005]

I don't think you will be eligible in 2016. Based on the dates you've been outside UK, it seems May 2017 should be your date for eligibility. For continuous residence, you need to meet two criteria:

a) no more than 180 days in any continuous 12 months period from application date (this is what the advise is based on that you can split >180 days into two years.., however, it will not work because of point b below)
b) no single absence of 180 days or more.

Cheers.

[rkniu_1981]

Hello iubus2005

where did you read "point b" in your post above?

I have been outside UK for 300 days in a single absence and one of the solicitor advised me that I can split that by 150 days in two years for ILR application. Could you please provide me the source for that info?

FYI, I am on Tier 1 general.

Thanks for the help.

Senior members/Experts
Please share your thoughts as well. Is no more than 180 days outside UK in a single absence is a requirement for ILR appliation?

Please let me know.

Thanks

[cs95tdg]

b) no single absence of 180 days or more.

I've not heard of this requirement. The immigration rules if applying for ILR as a T1G Migrant are 245AAA, 245CD. See below for details. https://www.gov.uk/government/uploads/s ... _final.pdf

[iubus2005]

I thought I had read it somewhere in the continuous period document (will look again). However, there is also a question on the application (7.11) asking

- How long have you lived in the UK? years months:
- Please provide details of any periods of absence of more than six months during that time.

[rukmesh]

I thought I had read it somewhere in the continuous period document (will look again). However, there is also a question on the application (7.11) asking

- How long have you lived in the UK? years months:
- Please provide details of any periods of absence of more than six months during that time.

- How long have you lived in the UK? years months:
You will enter the exact year and months since you have been in the UK. For example, I came to UK in July 2015 and if I were to apply for ILR today, I would write 4 years and 11 months.

- Please provide details of any periods of absence of more than six months during that time.[/quote]
If, in the last 5 years, there has been any single absence of more than 180 days (6 months), then you have to mention it here.

About splitting the absences, please bear in mind that your continuous years which is calculated for ILR is not necessarily Jan to Dec. It depends on your ILR application date. Please read this document https://www.gov.uk/government/uploads/s ... .0_EXT.pdf (Page number 20)

[sanind8]

Hi Gurus

I am on Tier 1 visa in UK valid till June 2017. Initial visa was granted May 2010, however I came first time UK on 9 Apr 2011.

Please advice for illegibility of ILR considering following dates.

Date left UK Date back in UK Days Absent
07.05.11 16.07.11 69
24.08.11 20.05 12 269

My friend has suggested as below. Could you please validate & reply?

In your case to be safe you can file IRL on 30/11/2016 to fit within guideline. If you file early than you have to give reasons of absence like company letter and this is still on discretion of Home office, you can go for same day service in this case.

This is how absence is calculated.

Last 5 year divided in 5 consecutive 12 months period assuming ILR Application made on 30-Nov-16

Period Start date End Date Absence in each year in number of days
Year 1 01-Dec-15 30-Nov-16 24
Year 2 01-Dec-14 30-Nov-15 0
Year 3 01-Dec-13 30-Nov-14 0
Year 4 01-Dec-12 30-Nov-13 0
Year 5 01-Dec-11 30-Nov-12 171

Total Absence 195

Full day out of country absence details
From date To date No. of days Absence Year
10-Jan-15 02-Feb-15 24 Year 1
01-Dec-11 19-May-12 171 Year 5

Thanks

[sanind8]

Hi Gurus

QUESTION 1:
I am on Tier 1 visa in UK valid till June 2017. Initial visa was granted May 2010, however I came first time UK on 9 Apr 2011.

Please advice for illegibility of ILR considering following dates.

Date left UK Date of entry Days Absent
09.04.11
07.05.11 16.07. 11 69
24.08.11 20.05. 2 269

My friend has suggested as below. Could you please validate & reply?

In your case to be safe you can file IRL on 30/11/2016 to fit within guideline. If you file early than you have to give reasons of absence like company letter and this is still on discretion of Home office, you can go for same day service in this case.

This is how absence is calculated.

Last 5 year divided in 5 consecutive 12 months period assuming ILR Application made on 30-Nov-16

Period Start date End Date Absence in each year in number of days
Year 1 01-Dec-15 30-Nov-16 24
Year 2 01-Dec-14 30-Nov-15 0
Year 3 01-Dec-13 30-Nov-14 0
Year 4 01-Dec-12 30-Nov-13 0
Year 5 01-Dec-11 30-Nov-12 171

Total Absence 195

Full day out of country absence details
From date To date No. of days Absence Year
10-Jan-15 02-Feb-15 24 Year 1
01-Dec-11 19-May-12 171 Year 5

QUESTION 2
Do I need any maintenance fund for 90 days to be maintained if going for self ILR

QUESTION 3
My family is in UK for 4 years now. Do they qualify for ILR?

QUESTION 4:
My wife has got Indian qualification from Pune Uni. Does she need NARIC/ IELTS/Trinity equivalence letter for English language? For myself, I have got validated from NARIC.

Thanks

[sanind8]

Hello Gurus

Do I need funds maintained for 90 days while going for ILR ?

If yes, how much money do I need ?

Thanks in advance

[sanind8]

Gurus

Could you please list me documents required for ILR?

Thanks

[sanind8]

Hello Guys

My family is leaving in UK for 4 years now. They are on Tier 1 general dependent visa.

How much stay is required to go ILR for T1G dependent?

When can they quality to go for for ILR?

Cheers..!

[sanind8]

Gurus

I need advice on details below & to find out ILR date calculation.
I have posted similar thread in the past but that time I wasn't qualified to go ILR. However it seems i am close to that date. Request your suggestion please.

I am on Tier 1 visa in UK valid till June 2017. Initial visa was granted May 2010, however I came first time UK on 9 Apr 2011.

Date left UK Date of entry Days Absent
09.04.11
07.05.11 16.07. 11 69
24.08.11 20.05. 2 269

My friend has suggested as below. Could you please validate & reply?

In your case to be safe you can file IRL on 30/11/2016 to fit within guideline. If you file early than you have to give reasons of absence like company letter and this is still on discretion of Home office, you can go for same day service in this case.

This is how absence is calculated.

Last 5 year divided in 5 consecutive 12 months period assuming ILR Application made on 30-Nov-16

Period Start date End Date Absence in each year in number of days
Year 1 01-Dec-15 30-Nov-16 24
Year 2 01-Dec-14 30-Nov-15 0
Year 3 01-Dec-13 30-Nov-14 0
Year 4 01-Dec-12 30-Nov-13 0
Year 5 01-Dec-11 30-Nov-12 171

Total Absence 195

Please reply date to file ILR.

Regards

[sanind8]

Guys

Just to add more details as below.

My T1G was granted in May 2010. However I cam to UK 11 months later i.e Apr 2011.

[CR001]

It is not necessary to start a new topic with every question you have on the same application. Keep your questions in on thread.

See also Multiple Posts (click)