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Total number of Absences Allowed for ILR?
Posted: Mon Mar 11, 2013 1:06 pm
by uk_2010
Hello Experts,
I am on Tier2 ICT and wanted to check if any one know how many total absences are allowed away from Uk for the total period of 5 years for an eligibility of ILR? I know that new rule which came in Dec'12 allows 180 days for each 12 consecutive months period but wanted to know how many max no. Of days allowed for whole 5 years period?
Appreciate prompt response.
Thanks
Posted: Mon Mar 11, 2013 4:54 pm
by uksettlement
There is no mention of total absences for ILR. It is just 180 days absences allowed every year.
Posted: Mon Mar 11, 2013 7:34 pm
by tier-1
Hello uksettlement,
I too am very confused about this point. I am filling the SET(O) form for my appointment on 14 March. On page 27, I find this in section D2.
D2. Please confirm whether you have been outside of the UK for any single absence over 3 months or one or more absences which amount to more than 6 month in total during the 5 year period:
Can someone help me on this please. Or is there another version of the form?
Posted: Mon Mar 11, 2013 7:40 pm
by uksettlement
D2 question isn't valid anymore....
Look at UKBA's response...
http://www.whatdotheyknow.com/request/c ... ing-350696
Also I got my ILR approved today with 150 days at a stretch and 258 days of total absence.
Posted: Mon Mar 11, 2013 9:05 pm
by tier-1
Thanks uksettlement for the prompt reply. So should I ignore the D2 Question on page 27?
I just came across this on page 47, where there is a document check list:
In 11L, which is for Tier-1 General, is states:
"For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."
I was on work permit from 8 April 2008 till May 2008, when I switched to Tier-1. So what do I need to submit for this period, as per above para? Feeling quite confused?
Posted: Mon Mar 11, 2013 10:05 pm
by tier-1
Hello uksettlement, Can I ignore D2 completely? Is there any official notification from UKBA? Is this link UKBA's official?
Many Thanks for your reply.
Posted: Mon Mar 11, 2013 10:17 pm
by db83
tier-1 wrote:
Hello uksettlement, Can I ignore D2 completely? Is there any official notification from UKBA? Is this link UKBA's official?
Many Thanks for your reply.
Yes you can leave it. This was answered by UKBA under FOI act. Check the link from uksettlement , it says it all.
I got my ILR recently and had left that question blank.
Posted: Tue Mar 12, 2013 1:56 pm
by girish
Hi uksettlement,
What reason did you mention/provide for your 150 days absence ? I guess you must also not be paid for these days in UK ?
Thanks
Girish
Posted: Tue Mar 12, 2013 3:59 pm
by cs95tdg
tier-1 wrote:In 11L, which is for Tier-1 General, is states:
"For the period before you were granted leave as a Tier 1 (General) migrant, documents showing that you met the relevant requirements of the immigration rules."
I was on work permit from 8 April 2008 till May 2008, when I switched to Tier-1. So what do I need to submit for this period, as per above para? Feeling quite confused?
Your WP and P60/Payslips covering that time period.
ILR absences
Posted: Tue Mar 12, 2013 4:49 pm
by Tier1immigrant
Guys can you please help with the below:
1. Is the requirement of 'no absence of 3 months at a stretch' still applicable?
2. Are the absence requirements applicable to Tier 1 (General) dependents as well? (including the 90 days continuous absence requiremetn).
3. My dependent has been living with me for 3+ years. I heard if she stays longer than 3 months outside UK then 1 year will be discounted as non resident. Will she still be able to apply for ILR given that she would have met the requirement of atleast 2 years in the UK?
Many thanks
Re: ILR absences
Posted: Tue Mar 12, 2013 5:50 pm
by uksettlement
Tier1immigrant wrote:Guys can you please help with the below:
1. Is the requirement of 'no absence of 3 months at a stretch' still applicable?
no
2. Are the absence requirements applicable to Tier 1 (General) dependents as well? (including the 90 days continuous absence requiremetn).
no
3. My dependent has been living with me for 3+ years. I heard if she stays longer than 3 months outside UK then 1 year will be discounted as non resident. Will she still be able to apply for ILR given that she would have met the requirement of atleast 2 years in the UK?
Yes
Many thanks
Posted: Tue Mar 12, 2013 5:52 pm
by uksettlement
girish wrote:Hi uksettlement,
What reason did you mention/provide for your 150 days absence ? I guess you must also not be paid for these days in UK ?
Thanks
Girish
I just mentioned Business Trip. The case worker just asked thats a long business trip? I explained the reason. No other questions asked. Also, I was paid the UK salary in the UK even during this absence from the UK.
Posted: Tue Mar 12, 2013 5:57 pm
by girish
Thanks uksettlement. Thats the catch. Most of the Indian IT companies in UL sent their employees to India for 3+ months and they don't pay UK salary for that period. Its same in my case; i was not paid UK Salary. Only Indian salary.
Any advise please ?
Posted: Tue Mar 12, 2013 6:27 pm
by uksettlement
girish wrote:Thanks uksettlement. Thats the catch. Most of the Indian IT companies in UL sent their employees to India for 3+ months and they don't pay UK salary for that period. Its same in my case; i was not paid UK Salary. Only Indian salary.
Any advise please ?
As I said I wasn't asked to submit any proof. It doesn't matter if you were paid or not. You need to score the required number of points that's it!
You can ask n number of people or solicitors and u might get a different answer. My advice is to read the rules or go by live examples!