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urgent: How long have you lived in the Uk and absences

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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NityaV
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Posts: 18
Joined: Fri Oct 12, 2018 11:56 am
India

SET (M) - Period of Absence - HELP PLEASE

Post by NityaV » Thu Nov 01, 2018 7:04 pm

iancoulby wrote:
Tue Aug 21, 2018 2:13 pm
Hi Smalls16 - apologies for delayed response. My wife just got her BRP delivered yesterday so yes it all went ok. Took a little longer at the Premium Service Center than usual but no questions asked. As for your queries, please see my response highlighted below:

1. What did you do for the question - "how long have you lived in the UK"
Added the student visas
or
just counted from when steetment started and added the letter stating history (where in the application did you add this)

Following trueblue19's advice she only stated 5 years and only listed out periods of absence during the most recent 5 years on spouse visa. However she also added in a paragraph explaining the situation, something along the line of "only listing 5 years under spouse visa as she believe this is the period UKVI is interested in. Yet before this spouse visa she also was on student visa (for x years) and post study work visa (for y years), hence her total time in the UK is 5 + x + y years".

2. Where in the form does it say state days of absence ? On my for it just ask the state - out, in and reason.
The form does not have number of absent days but she listed them out in an excel file, printed and added in the application form (right between the page with question of how many years and the page with day left day arrive and reason - with a note "Please refer to the enclosed document for further details" in the form). Basically making it easier for the case worker to work out whether the number of days absent from the UK is within limit, i.e. quicker processing time perhaps.

3. For stating the absence did you just do 5 years?
yes, only the 5 years that i am on spouse visa - that should be enough

Good luck.
Thank you so much for this. Exact same situation and had been counting 8 years but will now change to the five years on spouse visa.

In the cover letter when she explained the follows

“listing 5 years under spouse visa as she believe this is the period UKVI is interested in. Yet before this spouse visa she also was on student visa (for x years) and post study work visa (for y years), hence her total time in the UK is 5 + x + y years"

Did she then also include al her absences int he additional time outside the 5 years?

Thank you so much

NityaV
Newly Registered
Posts: 18
Joined: Fri Oct 12, 2018 11:56 am
India

Re: SET (M) - Period of Absence - HELP PLEASE

Post by NityaV » Thu Nov 01, 2018 10:17 pm

Just a bit about my application

2010 - student visa
2011-2013 post study work visa
2013-2016(May) - spouse visa
2016(May) to 2018 nov - extended spouse visa
Nov 2018 - set(m) 5 year route

1) For the question - how long have you lived in the UK.
Is the answer 5 years or 8

2) list all the absences from the UK - past 5 years or 8

Thanks

Ps - I thought I posted this earlier but can’t seem to find my post anywhere- so apologies if this is a duplicate

NityaV
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Posts: 18
Joined: Fri Oct 12, 2018 11:56 am
India

Re: SET (M) - Period of Absence - HELP PLEASE

Post by NityaV » Fri Nov 02, 2018 10:21 pm

Could someone please help!!

Thanks
Nitya

NityaV
Newly Registered
Posts: 18
Joined: Fri Oct 12, 2018 11:56 am
India

urgent: How long have you lived in the Uk and absences

Post by NityaV » Sat Nov 03, 2018 9:16 pm

I am applying for Settlement under the 5 yr spouse route

Just a bit about my application

2010 - student visa
2011-2013 post study work visa
2013-2016(May) - spouse visa
2016(May) to 2018 nov - extended spouse visa
Nov 2018 - set(m) 5 year route

I have 2 questions :

1) For the question - how long have you lived in the UK.
Is the answer 5 years or 8

2) list all the absences from the UK - past 5 years or 8

any help would be very helpful.

Nitya

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Djsuccess
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Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: urgent: How long have you lived in the Uk and absences

Post by Djsuccess » Sun Nov 04, 2018 12:11 am

NityaV wrote:
Sat Nov 03, 2018 9:16 pm
I am applying for Settlement under the 5 yr spouse route

Just a bit about my application

2010 - student visa
2011-2013 post study work visa
2013-2016(May) - spouse visa
2016(May) to 2018 nov - extended spouse visa
Nov 2018 - set(m) 5 year route

I have 2 questions :

1) For the question - how long have you lived in the UK.
Is the answer 5 years or 8
This used to be asked in 2 different ways, 1. How long have you lived in the UK? The answer is 8 years (full year spent in the UK so far). 2. When did you first enter the UK based on your current visa? The answer to this is the start date of your first spouse visa. If the question is simply, how long you have lived in the Uk, then it is 8 years

2) list all the absences from the UK - past 5 years or 8

This is usually absences in the last 5 years during which you have held the spouse visa on which the ILR application is based
any help would be very helpful.

Nitya
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

NityaV
Newly Registered
Posts: 18
Joined: Fri Oct 12, 2018 11:56 am
India

Re: urgent: How long have you lived in the Uk and absences

Post by NityaV » Sun Nov 04, 2018 5:07 pm

1) For the question - how long have you lived in the UK.
Is the answer 5 years or 8
This used to be asked in 2 different ways, 1. How long have you lived in the UK? The answer is 8 years (full year spent in the UK so far). 2. When did you first enter the UK based on your current visa? The answer to this is the start date of your first spouse visa. If the question is simply, how long you have lived in the Uk, then it is 8 years

2) list all the absences from the UK - past 5 years or 8

This is usually absences in the last 5 years during which you have held the spouse visa on which the ILR application is based

Thank you for a response. the only thing is the two questions are one after the other
How long have you lived in the UK?
have you been out of the UK since you started living here?

So it feels like the time periods in the two questions needs to correspond?

Nitya

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Djsuccess
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Posts: 1160
Joined: Wed Jun 22, 2016 6:37 pm
Nigeria

Re: urgent: How long have you lived in the Uk and absences

Post by Djsuccess » Sun Nov 04, 2018 7:36 pm

NityaV wrote:
Sun Nov 04, 2018 5:07 pm

Thank you for a response. the only thing is the two questions are one after the other
How long have you lived in the UK?
have you been out of the UK since you started living here?

So it feels like the time periods in the two questions needs to correspond?

Nitya
In that case, your response will be based on the 8 years. Because the question is how long have you lived in the UK? However, HO only requires your absences for the last 5 years during which you have held a visa leading to the ILR. I understand it might be a bit confusing. Maybe you can wait for more responses from the members who might have gone through a similar experience
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

NityaV
Newly Registered
Posts: 18
Joined: Fri Oct 12, 2018 11:56 am
India

Re: urgent: How long have you lived in the Uk and absences

Post by NityaV » Sun Nov 04, 2018 7:59 pm

Thank you

Nitya

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