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Hi Gurus,
Please some one help me in clarifying my eligibility.
The below are my absences,

April 2013 - April 2012 --> 30 days
April 2012 - April 2011 --> 0
April 2011 - April 2010 --> 15 days
April 2010 - April 2009 --> 0
April 2009 - April 2008 --> 130 days

I am looking for help in clarifying the doubts but haven't clarified yet.

please someone help.

Thanks.
Kishor

You are eligible subject to being on a tier 1 or tier 2 visa.

as per revised rules from 13 dec 2012, your absences are fine and within limit.

however absences will only be disregarded if they were either annual leave or business travel or due to compassionate/compelling reasons.

if you are on tier-2, you need a letter from your employer in support to these absences. however if you are on tier-1, then you don't need any supporting document unless any of the absences were due to compassionate/compelling reasons.

Thanks for the reply uksettlement and ban.s

I am on HSMP and Tier 1 general
so according to my understanding there is no need to provide support document for unpaid leave according to the new rules.

But in the application form we need to fill in the absences, there is a case D2 absences of over 3 months or less than 180 days.

This is the only question which is still in confusion.
please can you clarify this so that would be helpful.

Thanks.
Kishor.

D2 is not relevant anymore as per the new rules.

go through this to see confirmation from UKBA on the permitted absence and D2

also see UKBA Instructions on calculation of continuous residence

Kishor wrote:Thanks for the reply uksettlement and ban.s

I am on HSMP and Tier 1 general
so according to my understanding there is no need to provide support document for unpaid leave according to the new rules.

But in the application form we need to fill in the absences, there is a case D2 absences of over 3 months or less than 180 days.

This is the only question which is still in confusion.
please can you clarify this so that would be helpful.

Thanks.
Kishor.

D2 is no more relevant and do not need to fill it in. one of the member has got email confirmation about it from UKBA. So don't worry about it.

Hi Kishore,
My case is almost same as you, I got ILR approved last week,
Cool ,

Deepa

Hi Deepa,

congrats on ur ILR.

my travel history is below, can u advise me what are the chances are of my ILR..All personal trips and been in different contracts jobs since last 5 years and on tier 1 G visa.

Here are the details of my absence -

25th Jan 2013 24th Jan 2012 39
25th Jan 2012 24th Jan 2011 51
25th Jan 2011 24th Jan 2010 37
25st Jan 2010 24th Jan 2009 23
25st Jan 2009 24th Jan 2008 112


Please advise?

Thanks in advance
vishal

As per my exp and personal understanding, Your case looks all good to go for ILR as long as you are getting required point to apply.

You don;t need to provide any proofs unless you cross 180 days in any 12 months time..

Good luck, Cool

Thanks for the reply to all of you.
Deepa has same case and got ILR and official reply from ukba to sohel.

From the link provided by ban.s [b]calculation of continuous residence [/b] it says clearly in page 12 of 19 that no need to provide any proof for absences <180 days if you are on tier 1.

But for the absence of 130 days it is unpaid leave. Does it cause any problem?

Deepa are you paid for the period of absence?

Thanks again to all of you for the reply.

Hi Kishor,

Deepa has already mentioned in her posts that she wasn't paid in the uk during her absence nor did she submit any letters or any other proof with her application.

I suggest please go through earlier posts or go through the whatdotheyknow link.

Thanks deepa and everyone here for your advise...

vishal17jan wrote:Thanks deepa and everyone here for your advise...

Vishal - Your case is straight forward, you don't need to worry, I completely agree with SOHEL, He is most experienced & knowledge person here

my case is also similar to you, I got my ILR last Friday, forget about the earnings during your absence, as I haven't provided any documents to prove my earnings, to be frank i was on other country sal during that time(155 days)

so, don't take pain, UKBA is very clear & helping

Cheers,
Deepa

Kishor wrote:Thanks for the reply to all of you.
Deepa has same case and got ILR and official reply from ukba to sohel.

From the link provided by ban.s calculation of continuous residence it says clearly in page 12 of 19 that no need to provide any proof for absences <180 days if you are on tier 1.

But for the absence of 130 days it is unpaid leave. Does it cause any problem?

Deepa are you paid for the period of absence?

Thanks again to all of you for the reply.

I have been paid in other country during my 155 days time, there is no proof provided to show my earning during my absence
not to worry about the earning for absence is <180 in 12 months months time , Your case looks very clear and positive to me.

SOHEL is a great advisor, giving us good support in this blogs, We thank to SOHEL all the time for thsi

Deepa

Kishor wrote:Thanks for the reply uksettlement and ban.s

I am on HSMP and Tier 1 general
so according to my understanding there is no need to provide support document for unpaid leave according to the new rules.

But in the application form we need to fill in the absences, there is a case D2 absences of over 3 months or less than 180 days.

This is the only question which is still in confusion.
please can you clarify this so that would be helpful.

Thanks.
Kishor.

Kishore not to worry about the D2, D2 in your case, they are not related to you as my understanding, my case is also similar to you

Deepa

YEAR Start Date End Date No of days Away
-------------------------------------------------------------------
Year 1 20-Feb-12 19-Feb-13 0
Year 2 20-Feb-11 19-Feb-12 76
Year 3 20-Feb-10 19-Feb-11 104
Year 4 20-Feb-09 19-Feb-10 29
Year 5 21-Feb-08 19-Feb-09 16

In total I was away from UK for 225 days but year on year from the date of application I was away for less than 180 days in a calendar year.

Please note the EC stamp date is 21 Feb 2008 and if I calculate from that date then I got to put the final end date as 20-Feb-2013 but I am going for premium processing on 19 FEb 2013.

Kindly let me know whether I am eligible for ILR and also what date to put in the absence template.

Thanks,
akpsv

akspv wrote:YEAR Start Date End Date No of days Away
-------------------------------------------------------------------
Year 1 20-Feb-12 19-Feb-13 0
Year 2 20-Feb-11 19-Feb-12 76
Year 3 20-Feb-10 19-Feb-11 104
Year 4 20-Feb-09 19-Feb-10 29
Year 5 21-Feb-08 19-Feb-09 16

In total I was away from UK for 225 days but year on year from the date of application I was away for less than 180 days in a calendar year.

Please note the EC stamp date is 21 Feb 2008 and if I calculate from that date then I got to put the final end date as 20-Feb-2013 but I am going for premium processing on 19 FEb 2013.

Kindly let me know whether I am eligible for ILR and also what date to put in the absence template.

Thanks,
akpsv

Hi akspv,
Your case looks clear and get set go for ILR, I haven't any -ve things from your points, all looks good, Good luck dude

Deep

Thanks Deepa and Sohel.
But hope the form gets updated as they said by removing the D2 or making it clear.

Thank you.

Kishor wrote:Thanks Deepa and Sohel.
But hope the form gets updated as they said by removing the D2 or making it clear.

Thank you.

Kishore, Hopefully we can expect the form to update in next release
cool, not to worry abt that

Cool
Deepa

Deepa999 wrote:

Kishor wrote:Thanks for the reply to all of you.
Deepa has same case and got ILR and official reply from ukba to sohel.

From the link provided by ban.s calculation of continuous residence it says clearly in page 12 of 19 that no need to provide any proof for absences <180 days if you are on tier 1.

But for the absence of 130 days it is unpaid leave. Does it cause any problem?

Deepa are you paid for the period of absence?

Thanks again to all of you for the reply.

I have been paid in other country during my 155 days time, there is no proof provided to show my earning during my absence
not to worry about the earning for absence is <180 in 12 months months time , Your case looks very clear and positive to me.

SOHEL is a great advisor, giving us good support in this blogs, We thank to SOHEL all the time for thsi

Deepa

Deepa/Others,
I am T2ICT and my case is similar to this i.e. one leave of 143 days and was paid in India, do I stand a chance of getting ILR as per recent rule changes.

Deepa/Others,
I am T2ICT and my case is similar to this i.e. one leave of 143 days and was paid in India, do I stand a chance of getting ILR as per recent rule changes.[/quote]

As per my knowledge, You should be all right, If you have letter from your employer that will be big advantage

Lets wait for SOHEL response as well, He is one of our knowledge bank here

Deepa