Gurus - please help ILR query

[tan777]

Manci
Thanks for your reply. Re last comment, yes I pursued this, for some reason their eventual understanding was still that one year gap did reset my continuous lawful stay period in the UK and 2010 would be perceived as entry clearance, though they do not ignore that visa continuity had not been broken. They said I could still try ( on my own as per co. policy for ILR) and H.O. might almost certainly refuse if done this year. To give it further twist an independent solicitor I consulted said I should apply with full 5 yrs completed to minimise refusal chances as they did not consider my reasons of absence compassionate enough for 1 yr absence, on 2 accounts- but, applications were perfectly valid on both those occassions. I am in a dilemma as to either wait till June/July this year (2015) thus staying clear of absence- or apply again with compassionate reason but with least possible absence still including pre 6th April 2010 time. I know I have to decide soon, but not getting the level of confidence via sources I already tried. Any thoughts please?

[hadded15]

Hi, can i get some advice on my issue plz..
Came as student dependent Dec 2007
two years on PSW dependent
tier 1 dependent for five years...
my hubby got ilr 10years base last year....

Can i now apply direct on set M form without using FLR M form....

[manci]

Manci
Thanks for your reply. Re last comment, yes I pursued this, for some reason their eventual understanding was still that one year gap did reset my continuous lawful stay period in the UK and 2010 would be perceived as entry clearance, though they do not ignore that visa continuity had not been broken. They said I could still try ( on my own as per co. policy for ILR) and H.O. might almost certainly refuse if done this year. To give it further twist an independent solicitor I consulted said I should apply with full 5 yrs completed to minimise refusal chances as they did not consider my reasons of absence compassionate enough for 1 yr absence, on 2 accounts- but, applications were perfectly valid on both those occassions. I am in a dilemma as to either wait till June/July this year (2015) thus staying clear of absence- or apply again with compassionate reason but with least possible absence still including pre 6th April 2010 time. I know I have to decide soon, but not getting the level of confidence via sources I already tried. Any thoughts please?
It would be necessary to have full details of your immigration history with actual dates as well as the reasons for the 1 year absence to further comment

[tan777]

Hi, can i get some advice on my issue plz..
Came as student dependent Dec 2007
two years on PSW dependent
tier 1 dependent for five years...
my hubby got ilr 10years base last year....

Can i now apply direct on set M form without using FLR M form....

Dear Hadded, it is not the correct thread it seems for your query. You may find relevant topic by searching key words.

[tan777]

Manci
Thanks for your reply. Re last comment, yes I pursued this, for some reason their eventual understanding was still that one year gap did reset my continuous lawful stay period in the UK and 2010 would be perceived as entry clearance, though they do not ignore that visa continuity had not been broken. They said I could still try ( on my own as per co. policy for ILR) and H.O. might almost certainly refuse if done this year. To give it further twist an independent solicitor I consulted said I should apply with full 5 yrs completed to minimise refusal chances as they did not consider my reasons of absence compassionate enough for 1 yr absence, on 2 accounts- but, applications were perfectly valid on both those occassions. I am in a dilemma as to either wait till June/July this year (2015) thus staying clear of absence- or apply again with compassionate reason but with least possible absence still including pre 6th April 2010 time. I know I have to decide soon, but not getting the level of confidence via sources I already tried. Any thoughts please?
It would be necessary to have full details of your immigration history with actual dates as well as the reasons for the 1 year absence to further comment

Dear Manci,
Here's history with dates. Reason was some personal circumstances, which Homeoffice didn't deem compassionate enough.

I am still unclear as to why it should be an issue for me to apply in July 2015 - that will obviate discretion request for any absence. One reason I say that is, I still held a valid workpemit until 30 May 2010- and within 28 days applied for ICT Est staff which 'happened' to be only ICT visa type available to me then. My rationale is Homeoffice would have refused my applications purely on this basis twice- but they didn't. Actually I am inclined to stay clear of absence altogether if that is workable.

1- Issued Workpermit Visa in india (Validity : 30/05/2006 to 30/05/2008).

2- Entered the UK first time on above on 04/06/2006.

3- Issued further Workpermit Visa within the UK (Validity: Until 30/05/2010).

4- Left the UK on 07/07/2009, intending to return in a few months, hence Workpermit above not cancelled by Company.

<Absent from the UK, but on a valid visa without continuity break in visa for about 1 year>

5- Issued ICT Tier2 ‘Established Staff’ Visa in India (Validity: 01/07/2010-30/07/2012). VAF application and fee paid date 18/06/2010(Within 28 days of previous Workpermit expiry date).

6- Entered the UK on above ICT on 11/07/2010.

7- Issued further ICT Tier2 ‘Long Term Visa’ within the UK (Validity: Until 13/08/2014).

8- Switched to a new employer within the UK. Shifted to General Tier 2 visa issued in country. (Validity: Until 06/04/2017).

9- Currently working with same employer.

[manci]

@tan777
For eligibility to ILR both requirements, continuity and absences, have to be satisfied. Re. your 1 year absence July 09 - July 10 it is unclear what it was for. First you mentioned "offshoring drive" which would imply that you continued working for your sponsor outside the UK, but later you referred to compassionate reasons.

This is the key and you have to consider the requirement stated on p19 of
https://www.gov.uk/government/uploads/s ... eriods.pdf
Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason

If the HO don't accept that your 1 year absence was for a permitted reason (as above) then you cannot include any part of it in the 5 year qualifying period and in this case you will not be eligible for ILR in July 2015.

[tan777]

@tan777
For eligibility to ILR both requirements, continuity and absences, have to be satisfied. Re. your 1 year absence July 09 - July 10 it is unclear what it was for. First you mentioned "offshoring drive" which would imply that you continued working for your sponsor outside the UK, but later you referred to compassionate reasons.

This is the key and you have to consider the requirement stated on p19 of
https://www.gov.uk/government/uploads/s ... eriods.pdf
Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason

If the HO don't accept that your 1 year absence was for a permitted reason (as above) then you cannot include any part of it in the 5 year qualifying period and in this case you will not be eligible for ILR in July 2015.

Manci- thanks. Unfortunately company did back that short intended absence extended due to my personal issues, HO isn't accepting. I have sort of accepted that anyway. Would you know why my visa continuity in 2010 will not give me immunity against 6th April 2010 ruling on ICT eligibility for ILR. That is the route I am considering for this year one last time, if not then I know it is a wait for a few years. Also July application will not include absence period.
Thanks.

[manci]

@tan777
For eligibility to ILR both requirements, continuity and absences, have to be satisfied. Re. your 1 year absence July 09 - July 10 it is unclear what it was for. First you mentioned "offshoring drive" which would imply that you continued working for your sponsor outside the UK, but later you referred to compassionate reasons.

This is the key and you have to consider the requirement stated on p19 of
https://www.gov.uk/government/uploads/s ... eriods.pdf
Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason

If the HO don't accept that your 1 year absence was for a permitted reason (as above) then you cannot include any part of it in the 5 year qualifying period and in this case you will not be eligible for ILR in July 2015.

Manci- thanks. Unfortunately company did back that short intended absence extended due to my personal issues, HO isn't accepting. I have sort of accepted that anyway. Would you know why my visa continuity in 2010 will not give me immunity against 6th April 2010 ruling on ICT eligibility for ILR. That is the route I am considering for this year one last time, if not then I know it is a wait for a few years. Also July application will not include absence period
read carefully immigration rule 245HF(c):
https://www.gov.uk/government/uploads/s ... _final.pdf
Thanks.

[tan777]

@tan777
For eligibility to ILR both requirements, continuity and absences, have to be satisfied. Re. your 1 year absence July 09 - July 10 it is unclear what it was for. First you mentioned "offshoring drive" which would imply that you continued working for your sponsor outside the UK, but later you referred to compassionate reasons.

This is the key and you have to consider the requirement stated on p19 of
https://www.gov.uk/government/uploads/s ... eriods.pdf
Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling compassionate reason

If the HO don't accept that your 1 year absence was for a permitted reason (as above) then you cannot include any part of it in the 5 year qualifying period and in this case you will not be eligible for ILR in July 2015.

Manci- thanks. Unfortunately company did back that short intended absence extended due to my personal issues, HO isn't accepting. I have sort of accepted that anyway. Would you know why my visa continuity in 2010 will not give me immunity against 6th April 2010 ruling on ICT eligibility for ILR. That is the route I am considering for this year one last time, if not then I know it is a wait for a few years. Also July application will not include absence period
read carefully immigration rule 245HF(c):
https://www.gov.uk/government/uploads/s ... _final.pdf
Thanks.

Thanks a lot for your time and comments mate.

[tan777]

Friends happy to share my ILR was approved this week in Croydom PEO. Many thanks to Manci who helped a lot.

[joshk]

Hello Tan777/Mansi

I believe My Case is similar to yours

1) I first arrived in UK in September 2008 on Work Permit and stayed till April 2009 - but Visa was Valid till Sep 2010
2) Applied Tier 2 ICT Established staff from India in August 2010 and it was within 28 days before expiry of WP Visa which was valid at the time of applying new Visa from India.(so had a break of over 1.5 years
that is WP visa expiry date was 05-09-2010 but new VIsa was issues on 19-08-2010 as Tier 2 ICT established staff)
3) Came in September 2010 and stayed till December 2010
4) THen had a break of 1 year and Came back in December 2011 (on same Visa as mentioned in point 2) ) and have been staying in UK since then ,without more than 35 days break in any one year period.
Have been extending same Visa as mentioned in point 2)

My questions are
1) Since I applied for Tier 2 ICT within 28 days of expiry of Work Permit Visa , would that be considered continuation of original Work Permit Visa.
2) Would it reset the 180 days absence from 2011 so Would I be eligible for ILR once I complete 5 years in December 2016.

ttk777 ,your inputs would be great as you were exploring same route for ILR as mine (thought you eventually did not have to )

thanks,
Josh

[joshk]

Just to reiterate I always had valid UK Visa since Sep 2008

Sep 2008 - Sep 2010 WP Visa
August 2010 - August 2012 Tier 2 ICT Established staff (applied from India and previous valid visa was striked out when they issued the new Visa )
BRP Card since August 2012 up till now

Travel stamps history
====================
1) Sept 2008 till April 2009
2) Outside UK from April 2009 to Sep 2010 , ie 1.5 years but had valid Visa
3) Came back on Tier 2 ICT Established staff in Sep 2010 and stayed till December 2010
4) 180 days in a year period again broken
5) Came back again on same visa in December 2011
Have continuous stay since December 11th 2011 till now on Visa + various BRO extensions from UK

if what you said tan777 contiunity is not broken is it worth exploring ILR route at the completion of 5 years without 180 days break in any year period in December 2016 ?

[tan777]

I will surely reply mate. Mine was approved

[joshk]

thanks tan777
after lot of reading through the board, yours matches to my case the most

So to confirm my understanding ...
Once the continuity of visa is there , an absence of more than 180 days will only reset your qualifying 5 year period , but won't affect your overall eligibility to apply if you achieve 5 year qualifying period on the same visa later - Am i right ?

Also I achieve 5 years continuous in December 2016 when I consider my date of arrival in December 2011 .
I do not have too many days of absence in the year following my arrival in December 2011.

So do you think I can prepone the date of applying for ILR , by making use of the allowed 180 days of absence ,
ie start the calculation of 5 year period from say start of July 2011 (and showing July to December within the 180 days of allowed absence ?)

thanks in advance tan777

[tan777]

Josh- sorry for delay in responding wasn't checking actively.

I think there are two key points you are seeking clarity
1) Has your visa continuity broken ?
My view is not because you applied within 28 days before expiry of your work permit. So technically you will not be affected by rules that came into play in April 2010. Exactly same case as mine.

2) Can you apply in Dec2016-180 days and get ILR?
This is exactly what I did, only in my case I kept gap as @ 119 days right at the beginning. See if below helps you.

Date Left the UK :Date Entered the UK : days absent
yr1:17/03/2010 :11/07/2010 115
yr1:20/10/2010 :25/10/2010 4

yr2:27/05/2011 :25/06/2011 27

yr3:16/09/2012 :29/09/2012 11
yr3:28/12/2012 :02/01/2013 4
yr3:15/02/2013 :10/03/2013 22

yr4:29/01/2014 :22/02/2014 23
yr5: No absence

Having said that - July 2016 is a bit far so let's hope rules don't change against your case till then.

All the best and take no stress you should be alright.

Tan

[joshk]

Thanks for your prompt reply tan777

Based on your point 1) I assume the break of 1 year I had between December 2010 and December 2011 (> 180 days)
Won't be an issue as rules before 2010 April will be applied and I will now accumulate continuous period from 2011 December till 2016 December?

The key point I am trying to understand is - in my qualifying 5 year period I can't show a presence/absence from the old WP visa or any days before 2010 April.
Where as in your case you had shown an absence on old WP visa which also included some absence from before 2010 April

Do u know if that would be an issue (I assume not if all rules from before 2010 April only would be applied because of visa continuity )

Thanks in advance
Josh

[joshk]

hello tan777
noticed that you sent a message , but unfortunately couldn't read it as it is not enabled for me yet

[Anujvasu04]

Hi Manci,

Can you please help?

I'm on T2 ICT from OCT 2010..my visa was extended for another 5 years last year.
Now I'm looking to change my job and switch to T2 General.
Can you please answer following questions for me:

1) What will be maximum validity of T2G visa in my case?
2) Will 6 years cap, from the date of issue of first ICT visa, apply in my case? Or I'm exempted from it since I entered UK on ICT visa before April 2011?
3) Once I'm on T2G can I apply for ILR after completing 5 years? which also means completing more than 10 years in UK.