Indefinite Leave to Remain within 4 Years 10 Months

[vivekmarwah]

Dear Members,

I would really appreciate your valuable guidance here. I came in this country on 30 Dec 2007. I took my initial extension 5 months in advance and my Visa extension is ending 31 Oct 2012. I have been told that i can apply for Indefinite leave to remain in Oct 2012. This is due to the fact that if anyone visa is falling short by 3 months for ILR, they can apply for ILR. I have following queries:

- Can i apply for ILR in October 2012. If yes, should i go for same day option or should i send by post. I would prefer same day as that would be more assuring instead of sending passports for couple of months as i plan to travel to my home country in Dec. The only risk i see is that i have only completed 4 years 10 months.

- My family came to UK in April 2008. Can you also apply for ILR with me.

Would appreciate your guidance.

Kind Regards

[Lucapooka]

The concession you have cited requires that the shortfall in the five year residence period be due to delayed entry of not more than 3 months. You can't use this concession if you, yourself, have created a gap by applying way too soon for an extension (as extensions are for fixed period that don't aggregate previous unexpired leave).

It's not clear from your post what your situation is.

[lee80]

Hi, I hope some senior member able to help on the questions I have. My UK entry clearance is valid from 7 Nov 07 till 7 Nov 12. I've first entered UK on 15 Jan 08. I am working with a work permit from 15 Jan 08 till 14 Feb 10 and obtained my Tier 1 (General) Migrant from 15 Feb 10 which is valid till 15 Feb 13. My questions are:

a) Am I allow to apply for indefinite leave to remain 28 days before 7 Nov 12?

b) Will the absence period from 7 Nov 07 till 14 Jan 08 be counted as part of the total absences of not more than 6 months (180 days) in total during the 5 years continous period in order to qualify for ILR

c) Are there any restictions on the maximum day each absence couldn't exceed. For your information, my total absences from 15 Jan 08 till todate did not exceed 180 days and I don't intend to leave UK from now till end of October 12 but there are few instances whereby I'm having holiday back home for a period of not more than 50 days in single absences and none of them are unpaid leaves.

Thank you.

[cs95tdg]

Hi, I hope some senior member able to help on the questions I have. My UK entry clearance is valid from 7 Nov 07 till 7 Nov 12. I've first entered UK on 15 Jan 08. I am working with a work permit from 15 Jan 08 till 14 Feb 10 and obtained my Tier 1 (General) Migrant from 15 Feb 10 which is valid till 15 Feb 13. My questions are:

a) Am I allow to apply for indefinite leave to remain 28 days before 7 Nov 12?

b) Will the absence period from 7 Nov 07 till 14 Jan 08 be counted as part of the total absences of not more than 6 months (180 days) in total during the 5 years continous period in order to qualify for ILR

c) Are there any restictions on the maximum day each absence couldn't exceed. For your information, my total absences from 15 Jan 08 till todate did not exceed 180 days and I don't intend to leave UK from now till end of October 12 but there are few instances whereby I'm having holiday back home for a period of not more than 50 days in single absences and none of them are unpaid leaves.

Thank you.

a) In your case I would say that your 5 year residency would be from your first date of entry (15 Jan 08 ) into the UK. While there is a concession given to those who enter the UK within 3 months of EC, according to the guidance this is provided to those who fall short of the required residency period. But in your case you don't, i.e. as you have leave to remain until 15 Feb 13. (Your 5th anniversary from EC will be 15 Jan 13).
b) Absences can only occur once you have entered the UK. So the answer to this question is No. Note that if you apply 28 days before 15 Jan 13, this question is irrelevant.
c) I'd suggest you read the guidance notes for ILR, as it clearly states what the allowed absences are. In summary 180 days in total, with no single absence that is more than 90 days in duration.

See Sticky below for FAQ: http://www.immigrationboards.com/viewtopic.php?t=79378

[Lucapooka]

See Sticky below for FAQ: http://www.immigrationboards.com/viewtopic.php?t=79378

Which in addition to what you have stated above also goes on to indicate:

Note: If you have switched immigration categories (e.g. - Tier 2 to Tier 1) during the qualifying residential period, and if you have not been granted 5 years continuous leave since the issue of entry clearance, then this concession does not apply to you.

[lee80]

Lucapooka and cs95tdg, many thanks for the prompt yet detail and clear explanation. Thank you for sharing the information you have. I personally found this forum very helpful and will recommend to other.

[lee80]

Hi, I'm due to submit my ILR application soon under combination of work permit and Tier 1 being Tier 1 my latest permission to stay. I would like to know in my case do I need to ask my employer to prepare a letter to UKBA confirming my services still required?

[Lucapooka]

No, not for T1