HELP! - ILR APPLICATION WITH MORE THAN 180 DAYS ABSENCE

[jorgehh]

Dear Immigrationboards team,

Thank you for such a great forum!

I have read almost all the posts, as well the info available from gov.uk, and we are still confused with my employer about what information should be included in the letter to support an absence longer than 180 days.

Therefore, here are my questions, and apologies if I sound repetitive, but I really need help on this matter, since my appointment is for 27th of March and my Visa Tier 2 General expires on March 28th, so this has turned very critical.

Question 1: My first entrance to the UK as TIER 2 General, was on 14/03/2011. I have applied for 3 years, then another 2 years, and then I have received +1 year extension, so that the visa TIER 2 expires on 28/03/2018. Which will be the rolling 12 months periods in my case?

Question 2: In 2015, for working purposes, I stayed 9 month abroad, from 01/01/2015 to 20/09/2015. Of course here I have broken massively the Absence allowance for around 3 months. Is the any letter I could get in order justify this?, or there is no chance to justify this?. If there is chance, which type of content shall I include?

Question 3: If I get refused, do I have to leave immediately?, how this works?

I have been promoted in my Job last year, now I'm Director of one department and I manage several international projects. I work at university and I have a permanent contract. So, do I still my have some hope or shall I forget about everything?

Many thanks in advance and patience for reading this request. But I'm suffering a lot because all this uncertainty.

Regards,
Jorge

[vinny]

See also Exceptional cases.

[jorgehh]

Many thanks Vinny.

Considering that my trip was a business trip, which in the end end-up by contributing economically, hence financially, to the university, considering the outcomes of the activity, will there still be any chance to get an statement of support from the University?.

I'm asking because, my reasons are not:

• serious illness of the applicant or a close relative
• a conflict
• a natural disaster, for example, volcanic eruption or tsunami

Any comment or advice will be fully appreciated!, Since the University is happy to provide all the necessary information, but we are not sure what content should be there in order to avoid failing the application process?

If I fail, what will happen next?, I need to leave immediately?...how this works?

Many thanks in advance.

Jorge

[jorgehh]

Dear All,

If Absences of more than 180 days in any 12-month period for employment or economic activity reasons are not considered exceptional, is there any letter example I could provide to my organisation in order make a case?

Many thanks.

Regards,
Jorge

[vinny]

Posts merged.

[vinny]

See also some cases that may give some ideas.

[jorgehh]

Many thanks for the reply and for the link.

May I understand that is 180 days of not justified absence days, but if they are justified, they won't count?, or this does not really matters?, and it has to be 180 days at the most, regardless the reason?

If the application process fails, what next?, do I have to leave immediately?.

Is there any link you may provide to answer my two specific questions?, or any additional advice from anyone?

Many thanks once again!

Regards,
Jorge

[CR001]

It is 180 days absence per 12 month rolling period regardless of the purpose of absence. ALL absences are included in the 180 days.

If your ILR fails, you will need to find another visa you qualify for, if you still have a valid Tier 2 visa left.

[jorgehh]

many thanks!

If there any available link with other Visa routes possible to apply after TIER 2 general?

If there is no more Tier 2 visa left?, what happen next?

Any comment or suggestion will be fully appreciated!, as well as any link to read.

Regards,
Jorge

[CR001]

You can only hold a tier 2 general Visa for a maxi. I'm of 6 years. The visa route has not been removed.

You will have to look at tier 4 student, tier 1 entrepreneur if you have £200k, etc. I don't know your circumstances to comment on what you might qualify for.

[jorgehh]

Dear CR001,

Many thanks. I'm currently Associate Professor at University and being an academic since 2011. Is Tier 4 only for students?, Unfortunately, I don't have £200k. How many days do I have in order to leave the UK?.

In comment or advice will be fully appreciated. I have the appointment for ILR on 27/03. Can I change or something?

Regards,
Jorge

[lookingforhope]

Hi jorgehh,

I see you were granted Tier 2 in 2011. 3 year initial, 2 year extension and 1 year extension. This makes 6 year in total but it has been 7 years since 2011. Do i miss a point or can you confirm please? Start is 2011 or 2012?

It is worth to check you have 6 year limit considering below clause. It is not clear for me if they mean your current leave or not. Experienced users may suggest.

The 6 year restriction does not apply if:
• the applicant previously had leave under the
Immigration Rules in place before 6 April 2011 as
a:
Page 14 of 123 Published for Home Office staff on 11 January 2018
o Tier 2 (General) migrant

Reason i ask this is that if 6 year limit applies to you, i suggest to check exceptional cases which was shared by vinny above where it mentions impact of the new absence rules.

It looks like you are under 180 days with previous absence rule. (28/03 - 20/09) Based on exceptional case which gives you right to mention "harsh consequıence", you may apply and wait. There is simply no warranty and this is how i will apply this August.

You should provide a letter that tells that you became ineligible due to rule change in 11 Jan 2018 & you can not apply to ILR at a later stage because you have no right to extend your visa.

Would be great if you share your experience after.

You may also consider granting outside the rules if an applicant provides a letter
setting out reasons why they believe changes to how the 180 days are counted will
cause them exceptionally harsh consequences. From 11 January 2018, the rules
refer to absences in any 12-month period, whereas previously they referred to
absences in separate consecutive 12 month periods.
Decisions will vary depending on individual circumstances, but relevant factors may
include:
• when the periods of leave making up the continuous period were granted in
relation to the rules change of 11 January 2018
• the level and pattern of the applicant’s absences from the UK during each of
those periods of leave
• whether the consequences of a refusal would be exceptionally harsh, for
example whether it would not be possible for them to qualify for settlement at a
later date because they would be unable to apply for further extensions
You can only apply discretion when it has been authorised at senior executive officer
level.

[jorgehh]

Hi lookingforhope,

many thanks for your kind reply. Indeed, I have entered to the UK as TIER 2 by 14/03/2011, then I got the extension for 2 years, then finally for 1 year more. So, my visa tier 2 expires on 28/03/2018. I presume is because the counting days is like that. Don't know. that's what the biometric says.

Not sure if this helps, but just in case, here are my absences:

Departure Arrival Difference in Days
14/03/2011 at liverpool as Tier 2 general
07/05/2011 12:45 09/05/2011 12:05 1.00
23/05/2011 13:45 25/05/2011 18:10 2.00
26/05/2011 19:20 31/05/2011 01:40 4.00
26/05/2011 19:20 31/05/2011 01:40 4.00
01/07/2011 06:10 05/07/2011 01:40 3.00
01/07/2011 06:10 05/07/2011 01:40 3.00
30/07/2011 12:35 25/08/2011 01:40 25.00
30/07/2011 12:35 25/08/2011 01:40 25.00
20/09/2011 06:00 03/10/2011 01:40 12.00
20/09/2011 06:00 03/10/2011 01:40 12.00
04/11/2011 08:40 14/11/2011 14:35 10.00
04/11/2011 08:40 14/11/2011 14:35 10.00
29/11/2011 17:45 01/12/2011 21:15 2.00
29/11/2011 17:45 01/12/2011 21:15 2.00
09/12/2011 11:35 16/12/2011 17:25 7.00
09/12/2011 11:35 16/12/2011 17:25 7.00
21/12/2011 17:15 06/01/2012 13:35 15.00
21/12/2011 17:15 07/01/2012 17:25 17.00
22/01/2012 17:35 27/01/2012 17:15 4.00
22/01/2012 17:45 27/01/2012 17:15 4.00
06/02/2013 17:25 09/02/2013 13:00 2.00
28/04/2013 17:30 03/05/2013 14:30 4.00
28/04/2013 17:30 03/05/2013 14:30 4.00
17/05/2013 20:00 20/05/2013 17:30 2.00
28/05/2013 07:00 01/06/2013 14:15 4.00
30/06/2013 15:40 05/07/2013 17:20 5.00
07/08/2013 21:50 05/09/2013 10:25 28.00
06/11/2013 17:25 09/11/2013 13:30 2.00
13/11/2013 18:30 16/11/2013 11:05 2.00
20/12/2013 15:15 08/06/2014 15:05 169.00
10/06/2014 14:00 14/06/2014 08:10 3.00
10/06/2014 14:00 14/06/2014 08:10 3.00
16/06/2014 22:15 24/09/2014 15:05 99.00
21/12/2014 20:05 22/09/2015 15:10 274.00
04/11/2015 07:40 09/11/2015 22:45 5.00
22/12/2015 20:15 15/03/2016 13:15 83.00
17/03/2016 14:20 19/03/2016 14:10 1.00
23/08/2016 24/09/2016 32.00
11/12/2016 20/02/2017 71.00
12/06/2017 12/07/2017 30.00
15/08/2017 07/09/2017 23.00
17/09/2017 20/09/2017 3.00
10/10/2017 15/10/2017 5.00
15/10/2017 17/10/2017 2.00
19/11/2017 23/11/2017 4.00
19/12/2017 20/02/2018 63.00

At the moment, not being able to get ILR, or whatever visa extension, will generate a serious harsh to the university, specially because the leading position I currently hold. The absence was regarding business trip plus family reasons.

Is there still any hope? or any advice?

Regards,
Jorge

[CR001]

Impossible that you have held a Tier 2 General visa for 7 years. This would not be in accordance with the Immigration Rules.

TIER 2 by 14/03/2011, then I got the extension for 2 years, then finally for 1 year more.

3 plus 2 plus 1 is 6 years. Not sure how you have got 7 years.

Can you write down all the visa start and expiry dates of the visas you have held as well as dates of extension applications and how you applied, post or in person?

[jorgehh]

Many thanks CR001,

Applications were in person. I was required by University to extend 1 year more before ILR, I just followed what I was asked to do. I think, presume that, because University suggested it, the putted in 1 year more. But, to be very honest, I'm not expert on this, and probably this obeys to another matter? Is there any additional now problem with my ILR application? What happen with the absent days?

Thank you in advance, and please let me know.

Regards,
Jorge

[CR001]

It could be a mistake that you were granted Tier 2 General for 7 years. The rules strictly don't allow this.

You should not have held a tier 2 visa past 14/03/2017, regardless of who your sponsor is.

The 274 days absence will almost certainly be a problem.

[lookingforhope]

Hi lookingforhope,

many thanks for your kind reply. Indeed, I have entered to the UK as TIER 2 by 14/03/2011, then I got the extension for 2 years, then finally for 1 year more. So, my visa tier 2 expires on 28/03/2018. I presume is because the counting days is like that. Don't know. that's what the biometric says.

Not sure if this helps, but just in case, here are my absences:

Departure Arrival Difference in Days
14/03/2011 at liverpool as Tier 2 general
07/05/2011 12:45 09/05/2011 12:05 1.00
23/05/2011 13:45 25/05/2011 18:10 2.00
26/05/2011 19:20 31/05/2011 01:40 4.00
26/05/2011 19:20 31/05/2011 01:40 4.00
01/07/2011 06:10 05/07/2011 01:40 3.00
01/07/2011 06:10 05/07/2011 01:40 3.00
30/07/2011 12:35 25/08/2011 01:40 25.00
30/07/2011 12:35 25/08/2011 01:40 25.00
20/09/2011 06:00 03/10/2011 01:40 12.00
20/09/2011 06:00 03/10/2011 01:40 12.00
04/11/2011 08:40 14/11/2011 14:35 10.00
04/11/2011 08:40 14/11/2011 14:35 10.00
29/11/2011 17:45 01/12/2011 21:15 2.00
29/11/2011 17:45 01/12/2011 21:15 2.00
09/12/2011 11:35 16/12/2011 17:25 7.00
09/12/2011 11:35 16/12/2011 17:25 7.00
21/12/2011 17:15 06/01/2012 13:35 15.00
21/12/2011 17:15 07/01/2012 17:25 17.00
22/01/2012 17:35 27/01/2012 17:15 4.00
22/01/2012 17:45 27/01/2012 17:15 4.00
06/02/2013 17:25 09/02/2013 13:00 2.00
28/04/2013 17:30 03/05/2013 14:30 4.00
28/04/2013 17:30 03/05/2013 14:30 4.00
17/05/2013 20:00 20/05/2013 17:30 2.00
28/05/2013 07:00 01/06/2013 14:15 4.00
30/06/2013 15:40 05/07/2013 17:20 5.00
07/08/2013 21:50 05/09/2013 10:25 28.00
06/11/2013 17:25 09/11/2013 13:30 2.00
13/11/2013 18:30 16/11/2013 11:05 2.00
20/12/2013 15:15 08/06/2014 15:05 169.00
10/06/2014 14:00 14/06/2014 08:10 3.00
10/06/2014 14:00 14/06/2014 08:10 3.00
16/06/2014 22:15 24/09/2014 15:05 99.00
21/12/2014 20:05 22/09/2015 15:10 274.00
04/11/2015 07:40 09/11/2015 22:45 5.00
22/12/2015 20:15 15/03/2016 13:15 83.00
17/03/2016 14:20 19/03/2016 14:10 1.00
23/08/2016 24/09/2016 32.00
11/12/2016 20/02/2017 71.00
12/06/2017 12/07/2017 30.00
15/08/2017 07/09/2017 23.00
17/09/2017 20/09/2017 3.00
10/10/2017 15/10/2017 5.00
15/10/2017 17/10/2017 2.00
19/11/2017 23/11/2017 4.00
19/12/2017 20/02/2018 63.00

At the moment, not being able to get ILR, or whatever visa extension, will generate a serious harsh to the university, specially because the leading position I currently hold. The absence was regarding business trip plus family reasons.

Is there still any hope? or any advice?

Regards,
Jorge

Ops, seems like you have other absence blocks which makes you ineligible under old rules as well, so not sure if harsh consequence dicrestion may work for you.

I would dig to understand how you get more than 6 year. If this is because your initial leave was before April 2011, that may mean that you may extend more (clause i shared in first post). But still you will need wait until 2020 for ILR if you are allowed to extend.

[lookingforhope]

It could be a mistake that you were granted Tier 2 General for 7 years. The rules strictly don't allow this.

You should not have held a tier 2 visa past 14/03/2017, regardless of who your sponsor is.

The 274 days absence will almost certainly be a problem.

Hi CR001, can this be related that his initial visa was granted before 6 year-cap was introduced? Just wondering.

[CR001]

It could be a mistake that you were granted Tier 2 General for 7 years. The rules strictly don't allow this.

You should not have held a tier 2 visa past 14/03/2017, regardless of who your sponsor is.

The 274 days absence will almost certainly be a problem.

Hi CR001, can this be related that his initial visa was granted before 6 year-cap was introduced? Just wondering.

Possibly, just looking into that with the links shared above. But as you state, the absence is a deal breaker here.

[jorgehh]

Many thanks. I think it obeys since I got the visa before abril 2011. Nevertheless, I have made a calculation considering the rule before 11/01/2018. In this case, the absences will be in fixed periods counting forward the date of application, which is: 27/03/2013 -> 27/03/2014, 27/03/2014 -> 27/03/2015, 27/03/2015 -> 27/03/2016, 27/03/2016 -> 27/03/2017, 27/03/2017 -> 27/03/2018.

In this case, the 2014 274days break, is turned into:

21/12/2014 to 27/03/2015 95.00 days
27/03/2015 to 22/09/2015 15:10 179.00 days

Could this help to make an statement?

Now, if I could apply for extending TIER 2, will this be possible?, how?

I have life in the UK, so just looking at not losing everything..

Any help or comment, will be fully appreciated!

Regards,
Jorge

[jorgehh]

Just in case, this link may help:

http://www.ilpa.org.uk/data/resources/1 ... settle.pdf -> Ergo, no mistake.

Now, I think under the previous rules, I should be ok, and I need to explain that in formal letter?. Is there any example of such letters?

Please let me know.

Regards,
Jorge

[lookingforhope]

Many thanks. I think it obeys since I got the visa before abril 2011. Nevertheless, I have made a calculation considering the rule before 11/01/2018. In this case, the absences will be in fixed periods counting forward the date of application, which is: 27/03/2013 -> 27/03/2014, 27/03/2014 -> 27/03/2015, 27/03/2015 -> 27/03/2016, 27/03/2016 -> 27/03/2017, 27/03/2017 -> 27/03/2018.

In this case, the 2014 274days break, is turned into:

21/12/2014 to 27/03/2015 95.00 days
27/03/2015 to 22/09/2015 15:10 179.00 days

Could this help to make an statement?

Now, if I could apply for extending TIER 2, will this be possible?, how?

I have life in the UK, so just looking at not losing everything..

Any help or comment, will be fully appreciated!

Regards,
Jorge

Do not focus only to your 274 absence. If you check March 2014- March 2015, you see that you exceed 180 days there (because of additional 99 days absence). If you need to propose that you are eligible for older rule and apply for discration, it should be March to March because you apply then.

[lookingforhope]

Just in case, this link may help:

http://www.ilpa.org.uk/data/resources/1 ... settle.pdf -> Ergo, no mistake.

Now, I think under the previous rules, I should be ok, and I need to explain that in formal letter?. Is there any example of such letters?

Please let me know.

Regards,
Jorge

It sounds like you shouldn't be able to extend more than 6 years. Weird

The second of these two stipulations will not apply where the person is seeking to extend his or her leave as a Tier 2 (General) migrant if his or her current Tier 2 leave was made under the Rules as these stood before 6 April 2011

[jorgehh]

many thanks for all the comments.

Which will be other alternatives for this case? under the fact I was with leave before April 2011?

Should I cancel the ILR application? and apply for TIER 2 again?

Now, all the large achievements, in contribution to the UK, might count in someway?, or nobody cares about this?

I'm confused now.

Many thanks once again.

Regards,
Jorge

[Akorotaeva]

In some of your absences you counted the days of arrival/departure. This might help a bit!