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When can I apply for ILR and will it be successful

Posted: Mon Feb 11, 2013 12:01 pm
by developer101
I got my Tier 1 on 7th April 2009. I came to UK on Novermber 5th 2009. But left UK on 12 December 2009. Came back to UK in Feb 2010(some date I cant remember at moment, need to check my passport).

Then I successfully got job and worked there for 4 months. But for some reason I lost the job and left the country on 31 August 2010. Then I came back to UK on 4th of November 2010.

So in 2010 I was absent from UK without reasons (job or any business trip) for 5 months.


Then I went on holiday on 24th of November 2012 for 3 weeks (annual holiday from company)

Recently on 11 January 2013 I left UK on emergency basis for 2 weeks.


My 5 years will be completed on 5th of November 2014. IF I apply for ILR will I have issues? because I had good number of personal absences in 2010.

Then in 2013 I was away for 2 weeks on emergency basis but unfortunately i dont have the proof. I am thinking to get the company to add them in my annaul holidays (I am not sure if the going to do this.)

Given the situation what will happen to me or what should I do? Thanks.

Please help

PS. I have now option to leave UK permanently as I got job offer abroad.

Posted: Mon Feb 11, 2013 12:46 pm
by db83
Nov 2014 is a long way to go...rules might change by then. At the moment - these are the rules for absences.

The rule says you shoudn't be outside the country for more than 180 days in any consecutive 12 month period starting from the time of your application...i.e. if you are applying on 10 feb

10 Feb 2013 - 11 Feb 2012 - Total absence should not be greater than 180
10 Feb 2012 - 11 Feb 2011 - Total absence should not be greater than 180
10 Feb 2011 - 11 Feb 2010 - Total absence should not be greater than 180
10 Feb 2010 - 11 Feb 2009 - Total absence should not be greater than 180
10 Feb 2009 - 11 Feb 2008 - Total absence should not be greater than 180

So pl do the maths and see if it is well within the limit.

Posted: Mon Feb 11, 2013 1:06 pm
by developer101
I do understand this. But based on my current situation I need to make my mind if I want to stay here longer or not. Because now I am here only to get ILR.

I am aware of the new rules. But also I heard one has to give evidence on the absences. I have alot of personal absences in 2010. It was just for no reason. Those were not annual holidays or any other reason. I just wanted to visit home thats all.

Even if I am under the threshold I still need to submit the reasons of my absences correct? My reasons are just the personal absences, is it good enough?

Posted: Mon Feb 11, 2013 1:10 pm
by db83
No proof of absences if it is less than 180 days and you are on tier 1. I've a posted a topic on sticky notes, pl check that. That's the email I got from ukba

Posted: Mon Feb 11, 2013 1:47 pm
by developer101
Thanks for this.

I saw your post. Shall I need to double check with them or this should be it?

But in below link. Please open in browser

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


It is said that for Tier 1 Exceptional talent and other latest Tier 1 types no need to submit evidence but for Tier 1 (General) I believe there is need to submit the evidence.

Can you put light on this one ? thanks.

Posted: Mon Feb 11, 2013 1:54 pm
by developer101
Please check 10th and 11th page in above document.

Thanks.