ILR - Conituous Stay broken or not?

[tier1holder]

Hi,

Currently I am on Tier 1(General) visa. I am thinking of going for ILR next month. I have total of 320 (165 days in one 12 month period and 155 in another 12 month period) days of absences are there in 5 years period. If I go to ILR next month no 12 month period will have more than 180 days of absences.

My reason for absence is I had been sent to USA for work over 6 months by my employer from India. I am not paid in UK during this period. I have visa and port of entry stamps on my passport. Does this considered as break in continuous stay?

I read these lines on HO document (ILR Calculating Continuous Period) [b]"If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken."[/b]. Is this rule applicable for Tier 1 (General) holders?

Can seniors please clear my doubt?

Thanks.

[newbie_2013]

Hi,

Currently I am on Tier 1(General) visa. I am thinking of going for ILR next month. I have total of 320 (165 days in one 12 month period and 155 in another 12 month period) days of absences are there in 5 years period. If I go to ILR next month no 12 month period will have more than 180 days of absences.

My reason for absence is I had been sent to USA for work over 6 months by my employer from India. I am not paid in UK during this period. I have visa and port of entry stamps on my passport. Does this considered as break in continuous stay?

I read these lines on HO document (ILR Calculating Continuous Period) "If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.". Is this rule applicable for Tier 1 (General) holders?

Can seniors please clear my doubt?

Thanks.

I am in similar situation. I've done some research and even contacted UKBA last month. They confirmed that overseas employment is allowed. So I believe the quoted clause will only apply if your absences are above 180 days.

[tier1holder]

Thanks for the reply. Can you please let me know the email id that you have used to contact UKBA?

Thanks,
Laxma.

[Amber]

Hi,

Can seniors please advise me which application form should I use for my dependents for their ILR? Our immigration status is as below:

1).I have been granted my ILR last week via Tier 1 (General) 5 year’s category. I went for 2 extensions as I had long absences from this country. As my absences spread across 2 years I have been granted for ILR last week.

2). My spouse and my kids are on Tier 1 (General) dependents visas valid until May 2015.

3). My wife initially entered UK in 2008 as my work permit dependent visa and remains on this visa until Nov 2008. She again entered UK in May 2010 as my Tier 1 general dependent and the Visa and stayed until Jan 2011. She came back to UK in Sept 2011 as my Tier 1 (General) dependent and continued to stay until now. So total she stayed as my dependent for over 3 years 3 months (2 years continuously and 16 months in form two 8 months each time).

4). Our two kids stayed here as my Tier 1 general dependents for over 2 years in this country.

Now I am planning to apply for ILR for my dependents. Can you please let me know what application form can I use? Is it SET (M) or FLR (M).

[Amber]

SET(O) [PBS dependant], KoLL required for spouse and after 28-Oct-2013 a B1 English requirement.

[tier1holder]

Thanks Amber for your reply..

My spouse is a graduate (Graduate from India) and her degree is recognised by points based calculator and she has degree taught in English certificate.

Does she still need to meet the English language requirement after 28th October?

[Amber]

As the degree is NARIC comparable she will meet the new requirement.

[tier1holder]

Thanks again Amber for your quick response.

I forgot to mention in above post that my spouse is applying as PBS dependent for ILR. And I have not submitted her degree during any entry clearances and leave to remain visa applications (As she applied as my dependent), can we submit the degree taught in English and degree certificates now for ILR to meet the English requirement?

Can you please clarify me?

[Amber]

A NARIC statement of comparability with a letter from the institution and the degree certificate.

[Amber]

Hi,

Does anyone have any idea about SET (O) PBS Dependents postal applications timelines. Does anyone get ILR for dependents within 3 months recently?

[Amber]

See ILR postal applications (excluding 10/14 yr.) (click)

[tier1holder]

Hi,

Seniors, can you please clarify me whether my wife is eligible for applying for my ILR dependent.

here is her immigration history.

Initially she entered UK on my Tier 1 general dependent on 20/05/2010. She left the UK to India for delivery in Jan 2011 and her visa expired in May 2011.
She applied again for entry clearance in August 2011 and entered UK as my tier 1 general dependent in Sept 2011. She applied for further leave to remain (extension) as my tier 1 dependent in March 2013 and granted dependent visa until 2015.

As I had long absences from UK, I could able to split the absences to spread across 2 years and I got my ILR in Sept 2013.

I am planning to apply for ILR for my spouse in November. Is she eligible for ILR now.

My doubt is as she went for further leave to remain in March 2013 will this force her to stay as dependent for 5 years before applying for ILR? Or only entry clearance is matter to decide the dependent's ILR qualifying period?

Thanks in advance.

[Amber]

Hi,

Seniors, can you please clarify me whether my wife is eligible for applying for ILR dependent.

here is her immigration history.

Initially she entered UK on my Tier 1 general dependent on 20/05/2010. She left the UK to India for delivery in Jan 2011 and her visa expired in May 2011.
She applied again for entry clearance in August 2011 and entered UK as my tier 1 general dependent in Sept 2011. She applied for further leave to remain (extension) as my tier 1 dependent in March 2013 and granted dependent visa until 2015.

As I had long absences from UK, I could able to split the absences to spread across 2 years and I got my ILR in Sept 2013.

I am planning to apply for ILR for my spouse in November. Is she eligible for ILR now.

Yes, She's eligible anytime now as she's completed her 2 yrs qualifying period and doesn't falls under new rules.

My doubt is as she went for further leave to remain in March 2013 will this force her to stay as dependent for 5 years before applying for ILR? Or only entry clearance is matter to decide the dependent's ILR qualifying period?

Please read transitional provisions.

Thanks in advance.

[tier1holder]

Hi,

I got my ILR in Sept 2013 through 5 year Tier 1 General route. Now I am applying for my Spouse and 2 Kids.

My doubt is, should we fill 3 separate SET (O) forms for each dependents or can I add my kids details on my Spouse's application.

Thanks in advance.