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ILR - qualify for 5 years

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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psurendrad123
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Posts: 4
Joined: Tue Nov 14, 2017 10:43 pm
India

ILR - qualify for 5 years

Post by psurendrad123 » Fri Sep 14, 2018 4:19 pm

Dears, Please can help me with below.

I got my Tier 1 General in year June 2010 and renewed it on 19, 20 May 2013 by coming to UK for 2 days to do the same and left. Next entry and exit was on 11 Dec 2013 for an interview with my prospective company. Then finally came to UK on 14th Apr 2014 and since then working in UK continuously on Tier 1 till 28 Feb 2018. After this I switched to Tier 2 General in UK (without any gap) i.e. from 1 Mar 2018 till today with certain yearly holidays or working from outside of UK as stated below. Question,

1. can I qualify to apply ILR starting 29 Oct 2018 considering the below absences and leaves mentioned. Absences in year 1 is less than 180 days and all the leaves are where I am full time employed in UK.
2. if not what can be the earliest date I can be eligible for ILR.

Exit Entry Annual Leave Day out Year
29-Oct-13 11-Dec-13 Absences 43 1
11-Dec-13 14-Apr-14 Absences 124 1
18-Apr-14 21-Apr-14 Annual Leave 3 1
02-May-14 06-May-14 Annual Leave 4 1
16-May-14 18-May-14 Annual Leave 2 1
22-May-14 27-May-14 Annual Leave 5 1
13-Jun-14 19-Jun-14 Annual Leave 6 1
27-Jun-14 30-Jun-14 Annual Leave 3 1
18-Jul-14 23-Jul-14 Annual Leave 5 1
31-Jul-15 30-Aug-15 Annual Leave 28 2
19-Apr-16 24-Apr-16 Annual Leave 5 3
11-Aug-16 30-Aug-16 Annual Leave 19 3
No Leave in 2017 4
16-Mar-18 08-Apr-18 Annual Leave 23 5
22-Jul-18 19-Aug-18 Work related 28 5

Many thanks for your help on this.

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cyclina1
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Posts: 924
Joined: Mon Apr 02, 2018 1:38 am
Hong Kong

Re: ILR - qualify for 5 years

Post by cyclina1 » Fri Sep 14, 2018 4:50 pm

psurendrad123 wrote:
Fri Sep 14, 2018 4:19 pm
Dears, Please can help me with below.

I got my Tier 1 General in year June 2010 and renewed it on 19, 20 May 2013 by coming to UK for 2 days to do the same and left. Next entry and exit was on 11 Dec 2013 for an interview with my prospective company. Then finally came to UK on 14th Apr 2014 and since then working in UK continuously on Tier 1 till 28 Feb 2018. After this I switched to Tier 2 General in UK (without any gap) i.e. from 1 Mar 2018 till today with certain yearly holidays or working from outside of UK as stated below. Question,

1. can I qualify to apply ILR starting 29 Oct 2018 considering the below absences and leaves mentioned. Absences in year 1 is less than 180 days and all the leaves are where I am full time employed in UK.
Absent in year 1 definitely more than 180 days.

2. if not what can be the earliest date I can be eligible for ILR. Start from 14-APR-14 count 5 years.

Exit Entry Annual Leave Day out Year
29-Oct-13 11-Dec-13 Absences 43 1
11-Dec-13 14-Apr-14 Absences 124 1
18-Apr-14 21-Apr-14 Annual Leave 3 1
02-May-14 06-May-14 Annual Leave 4 1
16-May-14 18-May-14 Annual Leave 2 1
22-May-14 27-May-14 Annual Leave 5 1
13-Jun-14 19-Jun-14 Annual Leave 6 1
27-Jun-14 30-Jun-14 Annual Leave 3 1
18-Jul-14 23-Jul-14 Annual Leave 5 1
31-Jul-15 30-Aug-15 Annual Leave 28 2
19-Apr-16 24-Apr-16 Annual Leave 5 3
11-Aug-16 30-Aug-16 Annual Leave 19 3
No Leave in 2017 4
16-Mar-18 08-Apr-18 Annual Leave 23 5
22-Jul-18 19-Aug-18 Work related 28 5

Many thanks for your help on this.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

psurendrad123
Newly Registered
Posts: 4
Joined: Tue Nov 14, 2017 10:43 pm
India

Re: ILR - qualify for 5 years

Post by psurendrad123 » Mon Sep 17, 2018 2:46 pm

Many thanks for your reply Cyclina. Please can you check below questions as well and give your feedback.

1. The normal annual leaves which I have taken is also counted under 180 days of absence? I thought annual leaves are not considered as absences.
2. For the period 22-Jul-18 to 19-Aug-18 was a Work related and if my employer provides the letter here can this absence be skipped.
3. I can count from 14 Apr 2014 but I need ILR at the earliest hence need to find the earliest date I could go for it. If I do add up days I can go early with following days a) 180+ b) 28 (any date up to 28 days after the date of application) + c) 28 days of work related. Is this possible?

Thanks for your help on this.

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CR001
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Re: ILR - qualify for 5 years

Post by CR001 » Mon Sep 17, 2018 3:10 pm

1. All absences count for the 180 days limit.

3. You cannot apply 180 days early and use it as 'allowed absence in the future'. You can apply within 28 days before you become eligible.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

psurendrad123
Newly Registered
Posts: 4
Joined: Tue Nov 14, 2017 10:43 pm
India

Re: ILR - qualify for 5 years

Post by psurendrad123 » Mon Sep 17, 2018 3:35 pm

Hi,

3. I am not aiming to show 'allowed absences in the future', but since I had a valid Tier 1 visa in Dec 2013 as well. I could go back wards from Dec 2018 and count all absences under 180 days.

For example,
Dec 2013 - Dec 2018 and in this 5 years all my absences are 235 = 180 days of allowed absences + 28 days (any date up to 28 days after the date of application) + 27 days of work related

2. For point number 2, can you pls check.

Is this possible?
Thanks...

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