ILR-Tier2(General) Questions Rrelated to online ILR form

[naveed_79]

Hi,
I am applying for an ILR application soon. My current visa is Tier2(General) visa. I got this visa on 18 Dec 2013. So i will be eligible to apply for an ILR in this Dec 2018.

Situation:
I have been living in UK since Jan 2004 on various Visa categories (such as: Student visa, PSW)

I have few questions related to filling up the online ILR form. I know that since i am applying for ILR from Tier2 (General); I should count last five years on which i have been living in UK on Tier-2 (General) visa

But the online ILR form is slightly creating confusion on few questions:

Questions:
Under the "Immigration history"
Q1: When did you first enter the UK?
I came to UK in Jan 20004. Shall i enter this date or the date i got the Tier-2 (General) visa

Q2: Since you first entered the UK, have you had any absences from the UK?
Does this refers to only include any absence in the last five years or shall i include all the absences from the Jan 2004

Under the Immigration details
Q3: Have you previously lived in a country outside the UK including your country of birth?
Does this refer to the time i have spent outside of UK before first coming to UK?
I have lived in my home country all the time since birth before coming to UK in Jan 2004

I would be really grateful if someone can help me with these questions
Kind Regards
Naveed

[IJOS]

Q1: When did you first enter the UK?
I came to UK in Jan 20004. Shall i enter this date or the date i got the Tier-2 (General) visa

Q2: Since you first entered the UK, have you had any absences from the UK?
Does this refers to only include any absence in the last five years or shall i include all the absences from the Jan 2004

Q3: Have you previously lived in a country outside the UK including your country of birth?
Does this refer to the time i have spent outside of UK before first coming to UK?
I have lived in my home country all the time since birth before coming to UK in Jan 2004. Yes every country you have lived in including your country of birth

[bsc2007]

Hi Naveed,

CR001 just clarified these questions in my topic.

A1. Since yours is a T2G 5 year route, you need to enter 18-Dec-2013.

A2. Absences only since 18-Dec-2013.

A3. Just one entry for this question. Entered date = date of birth. Exit date = date your flight left for UK in 2004. Reason: Born and brought up in [country name].


I hope this helps.

Best wishes,
B

[naveed_79]

Many thanks IJOS and bsc2007

[naveed_79]

Once again many thanks for your help and advice. I came across to another question which i couldn't find at your FAQs (indefinite-leave-to-remain/faqs-for-ilr ... 99638.html)

While filling up the dates (absence from the UK) on the online form; shall the actual departure/arrival dates to be entered or as the date representing whole day should be entered.

If the date representing the absence for the whole day is entered; will the Home Office (IT) system will get any conflict with actual travel date?
for example:
actual departure and arrival date: 10/01/2016 - 25/01/2016 = 16 days
and in form if it is entered : 11/01/2016 - 24/01/2016 = 14 days

I am preparing my application and filling my online application form. The believe the final version/printable document is generated at the end once the payment is made. I am wondering if this final printable document will produce document containing dates in a correct order even if the dates are not entered in the correct order.

And the final printable document contains the information in (either in a tabular form or any other way) 'numbers' of days spent outside of UK during the five years period.

Kind Regards
Naveed

[bsc2007]

Put the actual date of departure from the UK (refer flight tickets if there is no stamp), and actual date of re-entry in the UK. Do not enter the destination date if it is different to the UK date.

You can print the form by clicking your name on the top right corner then clicking Download PDF. You can remove all the absences and reenter it if you do not like the order. I have entered the absences in descending order, i.e. 2016, 2014-Dec, 2014-May..

[naveed_79]

Thanks for the answer

[naveed_79]

Hi all,

I hope you are very well.

My visa details:
Visa Type: Tier-2 (General)
Visa issue date: 17 Dec 2013
Expiry date: 17 Dec 2019

Adventurously I applied for ILR application but my application was refused; although i have been given me a chance of 'Administrative Review'

I thought i made my application really fault proof without any solicitor's help but unfortunately Home Office raised objection of working abroad for more than 180 days(even the absence was related to the requirements of business related to my Tier-2 Sponsor)

Quick summary of the case:
----------------------------------------------------------------
Following is the absences in past five separate consecutive years. Two main work assignments i carried out between November 2014 - Dec 2015 in Germany, and Norway; which looks very significant in second year:

17 Dec 2013 - 16 Dec 2014 : 98
17 Dec 2014 - 16 Dec 2015 : 323
17 Dec 2015 - 16 Dec 2016 : 44
17 Dec 2016 - 16 Dec 2017 : 26
17 Dec 2017 - 16 Dec 2018 : 37

After completing my first work assignment in June 2015; I returned to UK.

In July 2015, my Tier-2 employer discussed another work assignment with me which i said i am willing to do it but please first check it with Home office if this absence is not going to impact on my future ILR application.

My employer called the home office and discussed that if it is okay to send me to another work assignment outside of UK; despite the fact that my annual allowance of absence from UK was almost already around 180 days. UKBA told my employer that ‘if the work assignment is strictly related to employer's business purpose; this absence will not penalize or impact on my future ILR application; and at the time of ILR application employer simply needs to provide a letter describing nature and dates of the work assignment.

As it was a verbal conversation over the phone; my employer asked UKBA if it can get anything in formal writing; UKBA declined to provide anything in writing but told again that an employer letter will be sufficient to support this absence at the time of ILR application. The letter from employer describing work related absences has been attached with this ILR application.

Later on I also called UKBA Home Office and i was given the same reply. Fortunately this time i got the call reference number; which i can use in future.

With the assurance provided by UKBA over the phone, I agreed to go and work on customer assignment based in Trondheim, Norway. I worked there between August 2015 - Dec 2015. In Dec 2015 I returned back to my employer UK office.

Conclusion
-------------------------------------------------------------------------
I truly believe that xxxxxx and me were misguided by Home Office. If they would have told me that this can affect my ILR application; i wouldn't have gone abroad.

Please let me know if there is any help anybody can do for me. I really need on this case.

Kind Regards,
Nav

[vinny]

Don't rely on telephone conversations nor correspondence with the Home Office.

[vinny]

Can you break up your consecutive 12 month periods, so that these absences within each period were less than 180 days?

245AAA(a)(i)(2).

[naveed_79]

Hi,
----------------------------------------------------------------
Tier-2 to ILR Application Refused
----------------------------------------------------------------
My ILR (using Premium Service) application was refused although i had been given with 'Administrative Review'.
Reason: Absences related to requirements of the business of my Tier-2 sponsor
Administrative review submitted on the basis of two main arguments:
- That i was compelled by my employer as my employer's business was on stake. It was compassionate to work on my employer customer sites
- Misinformed by UKBA Help desk. Before going abroad in the second half of 2015; my employer called UKBA and discussed that if it is okay to send me to another work assignment outside of UK; despite the fact that my annual allowance of absence from UK was almost already around 180 days. UKBA told my employer that ‘if the work assignment is strictly related to sponsorer’s business purpose'; this absence will not penalize or impact on my future ILR application; and at the time of ILR application sponsorer (employer) simply needs to provide a letter describing nature and dates of the work assignment.
----------------------------------------------------------------
Visa Detail:
----------------------------------------------------------------
Visa Type: Tier-2 (General)
Visa issue date: 17 Dec 2013
Expiry date: 17 Dec 2019
----------------------------------------------------------------
Five years of absences from UK:
----------------------------------------------------------------
17 Dec 2013 - 16 Dec 2014 : 98
17 Dec 2014 - 16 Dec 2015 : 323
17 Dec 2015 - 16 Dec 2016 : 44
17 Dec 2016 - 16 Dec 2017 : 26
17 Dec 2017 - 16 Dec 2018 : 37

A JPEG image has been attached for precise dates of travel abroad.

----------------------------------------------------------------
Conclusion
-------------------------------------------------------------------------
I truly believe that my employer and me were misguided by Home Office over the calls. If they would have told us that this absence can affect my ILR application; i wouldn't have gone abroad.
----------------------------------------------------------------
Questions
----------------------------------------------------------------
I will be grateful if someone can provide me some information or guidance on the following questions.
1. What are my options if the Administrative Review is refused? Based on the situation mentioned above is it worth to go in the Judicial Review?
2. To keep the five years window within 180 days; from my calculation i can be eligible to apply fresh ILR application on 14 May 2020 ( actual: 11 June 2020 - 28 days). My visa expires on 17 Dec 2019. How can i stay in UK legally until 14 May 2020? Can i extend my Tier-2 General after 17 Dec 2019? I heard the Tier-2 (General) can be switched to Tier-1. But unfortunately i don't have 200K funds to show.
3. Can i apply for discretion leave? Based on the fact that my ILR application will be due on 14 May 2020. What are the requirements to apply for the 'Discretion Leave'?
Kind Regards

[CR001]

Kindly refrain from tagging your duplicate posts in other members topics. Your topics have been merged.

You have already been given advice and asked a question by vinny which you haven't responded to.

[naveed_79]

Hi CR001 and Vinny,

Thanks. My apologies for duplicating the post. I thought my question was more relevant to the ILR group. That's why i posted it also on the subject: "ILR - Tier-2 Refused"

Answer to Vinny:

Please follow the "questions section" in my last post:
To keep the five years window within 180 days; from my calculation i can be eligible to apply fresh ILR application on 14 May 2020 ( actual: 11 June 2020 - 28 days). My visa expires on 17 Dec 2019. How can i stay in UK legally until 14 May 2020? Can i extend my Tier-2 General after 17 Dec 2019? I heard the Tier-2 (General) can be switched to Tier-1. But unfortunately i don't have 200K funds to show.

I will be very grateful for any suggestion or advice.

Kind Regards
Nav

[CR001]

You cannot extend tier 2 past 6 years in total of holding tier 2.

[naveed_79]

Hi CR001,

Thanks for the reply.

I completely understand that i can't extend my Tier-2 General Visa after 6 years. But I will be eligible to apply for fresh clean ILR application on 14 May 2020.

After completing 6 years on Tier-2 General do i have any option which i can use to stay in UK legally between 17 Dec 2019 - 14 May 2020?

Kind Regards
Nav

[naveed_79]

Any help please?

[CR001]

You would have to find a visa you qualify for, ie student visa or tier 1 entrepreneur l. Your 5 years clock for ILR will reset though.

[naveed_79]

Hi CR001,
Thanks for the reply.

Do you mean clock will also get reset on switching to Tier-1 Enter?

Do i have any ground to apply for FLR-(FP) application? And if there is any or suppose i will get it; will my ILR application be valid in May 2020 based on last 5 years spent on Tier-2 (General)?

Kind Regards
Naveed

[CR001]

Any visa you switch to will reset your clock for ILR based on 5 years residence.

If you do not hold a tier 2 in May 2020, you cannot apply for ILR based on 5 years residence tier 2.

[naveed_79]

Hi CR001,

Thankyou for the reply but what about my second question?

"Do i have any ground to apply for FLR-(FP) application? And if there is any or suppose i will get it; will my ILR application be valid in May 2020 based on last 5 years spent on Tier-2 (General)?"

Kind Regards
Naveed

[CR001]

Hi CR001,

Thankyou for the reply but what about my second question?

"Do i have any ground to apply for FLR-(FP) application? And if there is any or suppose i will get it; will my ILR application be valid in May 2020 based on last 5 years spent on Tier-2 (General)?"

Kind Regards
Naveed

What grounds do you believe you have for FLR fp?? If you have no grounds and use it to buy time, you will be refused fairly quickly as HO is well aware of migrants using this route and making frivolous and vexatious immigration applications they don't qualify for.

And no, if you apply for FLR FP or any other visa category, you cannot apply for ILR based on tier 2.

You only qualify for tier 2 ILR if you hold tier 2 at the time of applying for ILR and are still plpyed by your sponsor.

[naveed_79]

Hi CR001,

Thanks for the reply.

That's very disappointing. Any suggestion what shall i do?

Kind Regards
Naveed