ILR via tier2 visa please help

[bubu0406]

Hello All,

i am considering to apply for ILR but i am so confused of some of the requirements. Please could anyone help me on these:

1) is the 180 days absence is the total days in 5 years that you can go outside UK? or just not 180 days in 12 consecutivie months?

2) I went home to get the first tier 2 visa. the visa started on 13/8/2013 but I went back to UK on 9/9/2013. I haven't started my job until 9/9/2013 so it was not one of the annual leave. Did it still count in 180 days absence? If so, how would I explain the absence in the letter?

3) I have taken few weeks unpaid leave in the last 5 years. Do I need to get the letter from my employee to confirm those absence are unpaid leave?

Many thanks in advance

B

[qad3r007]

Hello All,

i am considering to apply for ILR but i am so confused of some of the requirements. Please could anyone help me on these:

1) is the 180 days absence is the total days in 5 years that you can go outside UK? or just not 180 days in 12 consecutivie months?

180 days in 12 consecutive months. So you should not be outside uk for more than 180 days in 12 months

2) I went home to get the first tier 2 visa. the visa started on 13/8/2013 but I went back to UK on 9/9/2013. I haven't started my job until 9/9/2013 so it was not one of the annual leave. Did it still count in 180 days absence? If so, how would I explain the absence in the letter?

No that should not count in your 180 days absence. But would be great if someone else could confirm the same

3) I have taken few weeks unpaid leave in the last 5 years. Do I need to get the letter from my employee to confirm those absence are unpaid leave?

Yes you certainly do need a letter from your employer about your absences from UK, that letter should mention your paid and unpaid leaves both. But you might need a good reason for those unpaid 2weeks.

Many thanks in advance

B

[jkcool]

Hello All,

i am considering to apply for ILR but i am so confused of some of the requirements. Please could anyone help me on these:

1) is the 180 days absence is the total days in 5 years that you can go outside UK? or just not 180 days in 12 consecutivie months?

Absences from the UK should not exceed 180 days in any 12 months in last 5 years from date on which you apply ILR.

2) I went home to get the first tier 2 visa. the visa started on 13/8/2013 but I went back to UK on 9/9/2013. I haven't started my job until 9/9/2013 so it was not one of the annual leave. Did it still count in 180 days absence? If so, how would I explain the absence in the letter?

It will be counted. But you don't need to provide any document.

Period between the issue of entry clearance and entering
the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period . Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry. If the delay is more than 180 days, you can only include time after the applicant
entered the UK in the continuous period calculation.

See this document
https://www.gov.uk/government/uploads/s ... 6.0EXT.PDF


3) I have taken few weeks unpaid leave in the last 5 years. Do I need to get the letter from my employee to confirm those absence are unpaid leave?

Max 4 Weeks allowed in a normal calendar year.

See 323AA (a) here.



Many thanks in advance

B