Success Story >180 days total absence & > 90 days

[uksettlement]

This is from Deepa...

This morning i went to Liverpool PEO with 300 absence days and 155 single trip and 50 another trip, with no proofs submitted for absence days,

I have submitted payslips, bank statements, Life in UK results, photos, passport & Bio card only, I haven;t given any document other than that they haven;t asked me any question, I haven;t filled D2, D3 sections

Documents submitted::
Just 4 docs submitted
1. SET(O) application
2. 12 months payslips
3. 12 Montha Bank Statements
4. Life In UK test Results

No xerox copies submitted, no P60s asked,

Source: http://www.whatdotheyknow.com/request/c ... ment-34579

[ramadnk]

Hello there, I have a case where I was in the UK but not working for any company (for 4 months), this was when I come to UK for first time (Tier 1 General), will this be counted for 5 years stay in the country. Please let me know what you think about this...

[uksettlement]

There in no requirement to be economically active in all 5 years under tier 1 general

[seekingilr]

Hi Deepa,

Were you earning in GBP when you were out of the UK for a period of 155 days in the last 5 years ? you applied on 18 Jan 13 , so when was the absence of 155 days i.e. was it between e.g. Dec 10 to Jan 12 or Dec 09 to jan 10. What I understand is the absence should not fall between the application date irrespective of the year.
e.g. you cannot be absent from the UK on 18/1/12,18/1/11,18/1/10 and so on for the last 5 years.

At times I believe it depends on the case worker to ask for reasons. Guess, you were lucky not to have asked ..

I have a 173 days continuous absence from the country and a total of of 285 days.

regards,
seekingilr.

[uksettlement]

It's not what the case worker wants but what you want to submit and it's also a case of having a discussion with case worker if he isn't on the same page about the rules. If we don't ask or argue then it won't be seamless procedure.

[Newcomer]

Hello eekingilr - my case is similar to your - are we eligible to apply?

[seekingilr]

@newcomer,

As per the clarification given by UKBA yes, but I would suggest it would be worth confirming from a solicitor.

read
http://www.whatdotheyknow.com/request/c ... ment-34579

[uksettlement]

Great but I would suggest submitting the printout of the link and guidance notes along with the application rather than spending time and money on a solicitor as very few really know what they are talking about.

[Deepa999]

I found SOHEL advice & UKBA sites are more helpful than other solicitors, Things are very clear
This is my personal advice

Deepa

[bb1069]

I work under WP from Feb 2008 and sept 2010, then Tier one (general) between Sept 2010 to Sept 2011 in University, without long absence. I left employment after Sept 2011.

I left UK in Oct 2011 and back on 1 July 2012, during the period I have one employment with UK LTD company since May 2012.

I left for business trip on 1Aug and back on 1 Jan 2013 with the same Ltd company.

So I left UK over 300 days in final year , Am I still eligible for the ILR application? I have heard the new change on 13 Jan do not allow leave over 180 days, Is it confirmed? Please help.

[Deepa999]

BB, I suggest you to start with new thread, so that people can have good understanding of you case as well as my case,
sorry about this

[uksettlement]

bb1069,

It is actually a good idea to start a new thread. So that members can give their suggestions.

[T1_Mainframe]

This topic gives lot of hope to those who have been absent for > 90 days but under 180 days.

[uksettlement]

Glad you found it useful T1_Mainframe

[crusador0408]

I am still trying to get the gist of your thread here and whattheyknow website, correct me if it's wrong:
You don't need to submit evidence for leaves as long as they are below 180 days in 5 years (now its 180/every year)?

[prasadsecure1]

Hi,

I really need help of you.Any help is very much appreciated.

I came to UK in 02-Jul-06 on Work permit and switched my visa catogory to Tier 1 in 2008.

I have a single absence of 293 days in 2009-2010.
My Current Visa going to expire in March 2013 (next month).
Do you think I will succeed if i apply for ILR this month?

Visa Days Absent
---------------------------------------------
First Entry - 02-Jul-06
31-Mar-07 - 08-Apr-07 (8 Days away)
14-Oct-07 - 17-Nov-07 (34 Days away)
08-May-08 Switched to Tier 1(General)
10-Jun-08 - 22-Jun-08 (12 Days away)
04-Jun-09 - 24-Mar-10 (293 Days away)
18-Sep-10 - 31-Oct-10 (43 Days away)
---------------------------------------------
Total No of Days Absent 390

In 2008 I have seen a specilist in the local NHS for some health problems. They persisted and I was treated properly in Indian during the time i was away.

I have the prescriptions and diagnostic repors for this treatment.

After coming back to uk in 2010, I am again in touch with the specialists in local NHS for fallow up.
Since I treated in India I was on medication for 3 years and it is mentioned in one of the letters from the doctors on NHS.

I have requested for copies of correspondense letters of treatment from NHS and they have sent them.

Do you think I will succeed if I show these letters under Compelling and compassionate reasons.

Please look into this and let me know.

PS: Apart from those 293 days all other absences are for annaul leave and since Oct31, 2010, I am in UK and haven't made any visits.

Regards
DPR

[dilip_gem]

Hi there,

Assuming I do not travel abroad till 15-Mar-2014 & assuming they(ukba) do not change ILR rules/requirements for next one year. What are my chances of getting ILR if I apply by 15-Mar-2014? (Anyways I'm going to apply for tier1-second extension this year, but was just curios after going through this & other threads.)

Please find belew my details:

Type of Visa: Tier 1 (Gen)
Issue date: 15-Mar-2009
Current leave (after 1st extn) : 15-Mar-2014
(Planning for another ext at the end of this year)


Visa issue date Date first entered----------------------------------------> Days (absent)
15/03/2009-> 28/03/2009------------------------------------------------> 13


Enter-> Exit------------------------------------------------------------------- Days (absent)
28/03/2009-> 28/04/2009------------------------------------------------>
10/10/2009-> 18/05/2010-------------------------------------------------> 165
23/05/2010-> 10/07/2010-------------------------------------------------> 5
11/07/2010-> 17/07/2010-------------------------------------------------> 1
20/07/2010-> 24/12/2010-------------------------------------------------> 3
04/01/2011-> 07/02/2011-------------------------------------------------> 11
22/02/2011-> 29/03/2012-------------------------------------------------> 15
15/04/2012-> 20/07/2012-------------------------------------------------> 17
29/07/2012-> 16/09/2012-------------------------------------------------> 9
18/09/2012-> 22/12/2012-------------------------------------------------> 2
14/01/2013-> (currently in UK) -------------------------------------------> 23

Total-------------------------------------------------> 251

Total Days away (including late entry days) : 264



Thanks and Regards,
Gem

[uksettlement]

reading this will give you the answers...

This page tells you when absences will not break continuity when calculating if the
continuous period requirement has been met.
No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, preceding the date of the application for indefinite leave to
remain (ILR).
The specified continuous period is counted backwards from the date of the ILR application.
For example, if the date of application is 11 November 2012, the consecutive periods would
be as follows:
Year 1 11 November 2012 to 10 November 2011
Year 2 11 November 2011 to 10 November 2010
Year 3 11 November 2010 to 10 November 2009
Year 4 11 November 2009 to 10 November 2008
Year 5 11 November 2008 to 10 November 2007

source: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary (Page 9)

[rajivk]

Hi

Can u please help me with my situation

I came to UK on Dec 2006 with work permit. I got my Tier 1 Visa on June 2008. I lived in UK continuosly from Dec 2006 till Nov 16 2008. I went to India on Nov 16 2008, came back on Nov 7 2009. Based on the new rules, I am planning to apply on May 13 2013 to make the 180 days rule work.

May 2007 - May 2008 - 1 year - work permit
May 2008 - May 2009 - 2nd year - 178 days absence - Tier 1 general
May 2009 - May 2010 - 3rd year - 175 days absence - Tier 1 general
May 2010 - May 2011 - 4th year - Tier 1 general
May 2011 - May 2012 - 5 th year - Tier 1 general
May 2012 - May 2013 - 6th year - Tier 1 general

1. Am i eligible for ILR based on the new rule?
2. If I am eligible ,Since I have 6 years, am i eligible now, rather than waiting till May 13 2013? Wondering can I submit all my documents till May 2012 to make it work?

My tier 1 2nd extension is due on June 2013. If i am eligible for ILR, i don't need to go for one more extension. Please help me with the above queries.

Thanks and Regards
Rajiv

[rajivk]

Hi

Can someone please reply to my query? It will be very helpful for me to apply for ILR rather than applying for 2nd extension.

Thanks
Rajiv

[uksettlement]

Hi Rajiv,

You should be eligible given the changes to the rule recently.

[raviktiwari]

hello Rajivk,

As per the date and leaves given by you, you seems to be alright.

I am saying this as per the latest rules. Please have a look at:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


Thanks: RK

[uksettlement]

Hi

Can someone please reply to my query? It will be very helpful for me to apply for ILR rather than applying for 2nd extension.

Thanks
Rajiv

You should apply in may 2013

[corby]

Can we split our continuous absences into 2 different, 12 months periods?
I have 152 days of continuous absence. If I won't split it, my absences will be more than 180 days in 12 months!

@uksettlement

There in no requirement to be economically active in all 5 years under tier 1 general

What will be the absences while we were unemployed?
In my case, I did a Masters degree for 1.5 years
http://www.immigrationboards.com/viewto ... ht=#778290

Many thanks...

[hardeepnagi]

Hi Geeta,

Can you please clarify one thing. In the form it does ask for list of document to provide for any absence.

Did you fill that section, you said you did not provide any proof.

MY summary is below:

On HSMP:

First entry - 14th July 2008

absence:

28th Dec 2008 - 30th Dec 2008--------------------------------------> 1
28th May 2009 - 19th Oct 2009 -------------------------------------->143

Then In may May 2010 I switched to Tier 1

Total Absence in 2010 --------------------------------> 4
Total Absence in 2011 --------------------------------> 13
Total Absence in 2012 --------------------------------> 62

Total so far -----------------------> 227

Do you think I qualify for ILR in July 2013.

Also I think form is still outdated, it ask for more than 3 months absence in one section.

Can you please clarify.

thanks