Tier 1 General - will apply for ILR on 20 Jun 2013

[Raj_C]

This is my first post on this website & will really help if someone can give me some advice quickly (as I will be applying for ILR on 20/July 2013). I have a Tier 1 General Migrant visa valid until 18 July 2013. I have been this in this category of visa for my entire duration in UK.

Question 1) My absences in these 5 years have been as follows;

20-Jun-12 20-Jun-13 21unpaid absences
20-Jun-11 20-Jun-12 11 - 6 days paid absence and 5 days unpaid absences
20-Jun-10 20-Jun-11 11 paid absences
20-Jun-09 20-Jun-10 6 unpaid absences
18-Jul-08 20-Jun-09 82 76 days unpaid absence (to resign previous job overseas etc) + 6 days (paid absences)

Total no. of days outside UK 131 days

As the rules have changed post April 2013, what I want to understand is;

While I have not exceeded the 180 rule in any 12 consecutive months, I have a total of 103 days of unpaid absences from UK (76 days in 2008-2009, 6 days in 2009-2010 & 21 days in 2012-2013 - see above table).
Will this cause any problems during my application of ILR under tier 1 General Migrant category.

Question 2) I intend to show payslips from April 2012 to March 2013 (12 consecutive months in the 15 month period).
For the 3 months starting Jan 2013 to March 2013), each month has 3 employers. (meaning that in order to reach the required points I worked for 3 different employers for those 3 months). All employers are reputed companies but two of the three jobs were temporary assignments that have since ended. Is it fine to show payslips from all 3 employers so that it adds up to the required no. of points towards pay?

Question 3) As my Tier 1 General Migrant is valid from 18 Jul 2008 & I entered UK for the first time on 19 Jul 2008, am I correct to understand that I can apply for ILR on 20 Jun 2013.

Thank you in anticipation of your help. It will be great to hear from one of you.

Regards
Raj_C

[Raj_C]

Hi all

If anybody has the answers to the below please do let me know. Especially, I really need some help for point 1 below.

Regards
Raj_C
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This is my first post on this website & will really help if someone can give me some advice quickly (as I will be applying for ILR on 20/Jun 2013). I have a Tier 1 General Migrant visa valid until 18 July 2013. I have been this in this category of visa for my entire duration in UK.

Question 1) My absences in these 5 years have been as follows;

20-Jun-12 20-Jun-13 21unpaid absences
20-Jun-11 20-Jun-12 11 - 6 days paid absence and 5 days unpaid absences
20-Jun-10 20-Jun-11 11 paid absences
20-Jun-09 20-Jun-10 6 unpaid absences
18-Jul-08 20-Jun-09 82 76 days unpaid absence (to resign previous job overseas etc) + 6 days (paid absences)

Total no. of days outside UK 131 days

As the rules have changed post April 2013, what I want to understand is;

While I have not exceeded the 180 rule in any 12 consecutive months, I have a total of 103 days of unpaid absences from UK (76 days in 2008-2009, 6 days in 2009-2010 & 21 days in 2012-2013 - see above table).
Will this cause any problems during my application of ILR under tier 1 General Migrant category.

Question 2) I intend to show payslips from April 2012 to March 2013 (12 consecutive months in the 15 month period).
For the 3 months starting Jan 2013 to March 2013), each month has 3 employers. (meaning that in order to reach the required points I worked for 3 different employers for those 3 months). All employers are reputed companies but two of the three jobs were temporary assignments that have since ended. Is it fine to show payslips from all 3 employers so that it adds up to the required no. of points towards pay?

Question 3) As my Tier 1 General Migrant is valid from 18 Jul 2008 & I entered UK for the first time on 19 Jul 2008, am I correct to understand that I can apply for ILR on 20 Jun 2013.

Thank you in anticipation of your help. It will be great to hear from one of you.

Regards
Raj_C

[good_careful]

Hi all

If anybody has the answers to the below please do let me know. Especially, I really need some help for point 1 below.

Regards
Raj_C
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This is my first post on this website & will really help if someone can give me some advice quickly (as I will be applying for ILR on 20/July 2013). I have a Tier 1 General Migrant visa valid until 18 July 2013. I have been this in this category of visa for my entire duration in UK.

Question 1) My absences in these 5 years have been as follows;

20-Jun-12 20-Jun-13 21unpaid absences
20-Jun-11 20-Jun-12 11 - 6 days paid absence and 5 days unpaid absences
20-Jun-10 20-Jun-11 11 paid absences
20-Jun-09 20-Jun-10 6 unpaid absences
18-Jul-08 20-Jun-09 82 76 days unpaid absence (to resign previous job overseas etc) + 6 days (paid absences)

Total no. of days outside UK 131 days

As the rules have changed post April 2013, what I want to understand is;

While I have not exceeded the 180 rule in any 12 consecutive months, I have a total of 103 days of unpaid absences from UK (76 days in 2008-2009, 6 days in 2009-2010 & 21 days in 2012-2013 - see above table).
Will this cause any problems during my application of ILR under tier 1 General Migrant category.

Question 2) I intend to show payslips from April 2012 to March 2013 (12 consecutive months in the 15 month period).
For the 3 months starting Jan 2013 to March 2013), each month has 3 employers. (meaning that in order to reach the required points I worked for 3 different employers for those 3 months). All employers are reputed companies but two of the three jobs were temporary assignments that have since ended. Is it fine to show payslips from all 3 employers so that it adds up to the required no. of points towards pay?

Question 3) As my Tier 1 General Migrant is valid from 18 Jul 2008 & I entered UK for the first time on 19 Jul 2008, am I correct to understand that I can apply for ILR on 20 Jun 2013.

Thank you in anticipation of your help. It will be great to hear from one of you.

Regards
Raj_C

i want to know the absence UK

[sundar1980]

You application looks absolutely fine to me. My answer would be yes to points 1 and 2. I am not very sure about the third point, but I remember that there is a 28 day rule, which should be in your favour.

[londener]

I think you should show the income of April too to meet the criteria of 12 consecutive months within 15 months. You are going to apply in 20 July means there would be 16 months instead of 15 ...Seniors please correct me.

[vivdubes]

You should be fine...

Regarding payslips.. I guess you have to show any 12 months between 15 months ..the only caveat is it has to be continous months and not irregular months..

[Raj_C]

You application looks absolutely fine to me. My answer would be yes to points 1 and 2. I am not very sure about the third point, but I remember that there is a 28 day rule, which should be in your favour.

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Thank you for your reply.
My concern is the continuous residency period.
I understand that tier 1 need not be continuously employed.
At the same time, Part 6A (pt c) of the PBS system states;
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Quote
Except for periods where the applicant had leave as a Tier 1 (Investor) Migrant, Tier 1 (Entrepreneur) Migrant, Tier 1 (Exceptional) Migrant or a highly skilled migrant, any absences from the UK during the 5 years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons
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For me, there were 21 unpaid absences between 20-Jun-12 to 20-Jun-13 (which was to really meet my relative she was really unwell). Will this be a problem.


a. Out of curiosity, another question that I have (not related to me
though), is regarding the 180 days rule that is in place. Do the 180
days refer to leave taken outside the paid annual leave/necessary
business trips (while in employment) during 5 years. For eg. if a
salaried person took 179 days of company related business trip in
one year & 2 days of personal trip, then is it breaking the rules?

b. Similarly, let us take the case of a hypothetical person who is in Tier 1.
Let us assume that in the last 12 months prior to applying for ILR, he
is out of UK for 179 days (close to 6 months but not 6 months).
However, in these last 6 months he gets the necessary points. In this
case, will he be qualifying for ILR. If you think that he qualifies,
please let me know your reasons. (as this hypothetical person is out
out of UK for 179 days in one year and has not earned in UK).

Please let me know your views to my question. (the quoted section)

If you find time, let me know your views to pts a & b (or anyone else can answer as this really is an imaginary scenario created.

[Raj_C]

I think you should show the income of April too to meet the criteria of 12 consecutive months within 15 months. You are going to apply in 20 July means there would be 16 months instead of 15 ...Seniors please correct me.

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Thank you for your reply. I did not understand your reply properly.

I am showing payslips from April 2012 to March 2013 (12 consecutive months, including both these months). I am applying on 20 Jun 2013. The rule is 12 consecutive months of payslips in a 15 month window preceding application. So I believe I am fine with this.

If you think my understanding is not correct, please let me know.

Regards
Raj_C

[Raj_C]

You should be fine...

Regarding payslips.. I guess you have to show any 12 months between 15 months ..the only caveat is it has to be continous months and not irregular months..

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Thank you for your reply. Yes I remember this point.
My 12 consecutive months will be April 2012 to Mar 2013 (both months inclusive) for a total of 12 months prior to my application on 20 Jun 2013.

Regards
Raj_C

[londener]

I think you should show the income of April too to meet the criteria of 12 consecutive months within 15 months. You are going to apply in 20 July means there would be 16 months instead of 15 ...Seniors please correct me.

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Thank you for your reply. I did not understand your reply properly.

I am showing payslips from April 2012 to March 2013 (12 consecutive months, including both these months). I am applying on 20 Jun 2013. The rule is 12 consecutive months of payslips in a 15 month window preceding application. So I believe I am fine with this.

If you think my understanding is not correct, please let me know.

Regards
Raj_C

Sorry I think you are applying in 20th July.20th June is fine.
Cheers

[RohitILR1]

Hi Raj_C,

What happened to your ILR, Have you got it.
During the 5 year period; I was away for 6 days in France but I was not in any employment in the UK that time. Though being in TIER1, I suppose it would break my 5 year continuity, any ideas. Thanks.

[ISingh2008]

You should be fine...

Regarding payslips.. I guess you have to show any 12 months between 15 months ..the only caveat is it has to be continous months and not irregular months..

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Thank you for your reply. Yes I remember this point.
My 12 consecutive months will be April 2012 to Mar 2013 (both months inclusive) for a total of 12 months prior to my application on 20 Jun 2013.

Regards
Raj_C

Hi Raj_C
Can you please tell us about the outcome of your application for ILR if you applied for it??
Wasn't the Unpaid Leave out of UK an issue??
Even I have around 169 days Unpaid leave outside UK so just trying to gather information on how to go about it when I apply for my ILR next month.
Any info on this will be helpful.

Many Thanks