3 years, 9 months ago skpatelParticipant
I was on tier 1 first in April 2009, I had lost main job, but was working part time til oct 2010, now I am applying for ILR will my continous 5 yrs period broken. Please advice or shall I apply for my second extension.
3 years, 8 months ago iwpltdKeymaster
Thanks for your email.
Does your last 12 months salary qualify you? A break in continuous residence is only such if you have been away from the UK for more than 12 months in a 12 month chunk:
The specified continuous period is counted backwards from the date of the ILR application. For example, if the date of application is 09 March 2014, the consecutive periods would be as follows:
09 March 14 to 10th March 2013
09 March 13 to 10 March 2012
09 March 12 to 10th March 2013
09 March 13 to 10 March 2010
09 March 10 to 10 March 2009
Remember the absences must never exceed more than 180 days in any of these periods. Also, the days in which you travel out and travel back in to the country do not count towards the total
Due to change in the rule which states that the extension applications would not be accepted after Apr 5, 2015 my husband is planning to apply for his second extension early (his current Tier 1 General visa is valid till July 31, 2015), possibly September 2014. However this early application is impacting my visa (Tier 1 General – Dependent Visa). I entered the UK on Dec 12, 2012. This means that I would qualify for ILR from Dec 13, 2017 onwards. Now, since I am applying along with my husband in September for my first extension I am falling short by potentially 3 months for ILR. Now, due to the change in the rule about extension applications, I am unable to apply for extension to complete the 3 months required for my ILR eligibility. Please let me know, when you get a moment, your inputs as to how I can handle this situation.
Thanks for contacting us. Although this hasnt been set in stone, there is no mention that the Home Office are going to stop pbs dependant applications / spouse visas after 5th April. The April changes refers to tier 1 extensions (main applicants). So it’s likely that you will be able to extend under a spousal or pbs route. Keep checking the Home Office website for updates though.
my Tier1 General visa expires in 10th Aug 2014 (I was granted leave to remain from 10th Aug 2011). I am going to apply for extension on 5th July 2014. I will be given 2 more years. If home office stamp my extended visa before 10th Aug 2014, my qualifying period will fall short. Will it be acceptable to have qualifying 4 years and 11 months?
Thanks for contacting us. You can apply for settlement / ILR 28 days short of 5 years so you should be OK. To be on the safe side it’s best not to apply on a same day basis earlier than a month. Postal applications are different as they can take a number of weeks to be processed. Contact should you require legal assistance.
Hi and thanks for the useful info.
However, from Q16 it appears to be that anyone applying under Tier 1 General does not have to provide the evidence of absences.
But in SET(O) Form issued 06/2014, under Section 6 part 2, it clearly says that anyone applying under Tier 1 General must provide evidence for absences regardless of 180 days threshold.
Please clarify. Thank you.
Thanks for the email.
Not sure what you mean by the question.. sorry..
Q16 – Maximum absences from the UK (economic migrants)
No more than 180 whole days absence are allowed in any of the five (Tier 1 General, Tier 2, Tier 1 Exceptional Talent, Tier 1 Entrepreneur, Tier 1 Investor), two (Tier 1 Investor), three (Tier 1 Entrepreneur, Tier 1 Investor) or four (HSMP ILR JR) 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.
Whether you apply for settlement using tier 1 or tier 2, caseworkers will approve applications providing the absences do not go over the 180 day per year rule. There is no legal requirement to provide evidence of absences and certainly we have had 100s approved at the PEO in Croydon without proof (today included).
Feel free to email should you wish to discuss further:
All the best,
3 years, 6 months ago oyztrParticipant
Hi, I am hoping to get answers on following queries re ILR.
1) My 5 year continuous stay would complete on 19/11/2015. Can I apply for ILR in person at Croydon PEO on or around 20/10/15
2) I have been on annual leave each year for around 14-20 days however I was with multiple employers during these 5 years. My question is what sort of evidence of annual leave do they (UKBA) want ? It would be an immense hassle for me to write to the HR of each of my employers in last 5 years.
3) Is there a same decision service for ILR.
3 years, 6 months ago iwpltdKeymaster
Yes, you can do this on a same day basis. 28 days short of the 5 years.
Further details will be emailed to you.
Hello – thanks for all the useful info!
I have sort of the same question which oyzter has asnwered however the answer to his question was emailed to him/her.
His/her second question also applies to me:
I have been on annual leave (outside UK) each year for around 20 days however I was with multiple employers during these 5 years. My question is what sort of evidence of annual leave do UKBA want ?
It’d be greatly appreciated if you can help on this.
Thanks and regards.
you wont need absence proof as it’s below 180 in each of the years.
we can do this for you should you require assistance
I am applying for ILR I am currently on Tier1(general). I am in full time employment and i will provide my slary slips for the last 12 months and letter from the employer. Do i need to submit p60 for the last employers or any employment history for the last 5 years.
Thanks for your help.
It’s advised you provide your P60s for 5 years or a letter breaking downs taxes from HMRC as some caseworkers have been known to ask for these.
We can process this for you on a same day should it be required.
my question is about ILR my previous visa expired on the 24 of may 2013 and when the current visa was issued the expiring date on it was 2nd of May 2016, which means if am going to apply for ILR it will be short of 22days to make up the 5yrs needed. can i send it back to the home office for correction or what do you think i shoud do.
Thanks for the email.
Generally speaking you can apply for ILR 28 days short of the 5 years and they would also include up to 90 days for you to enter on your initial entry clearance (if applicable).
Can you scan your visas to email@example.com and he would be able to assess this properly for you
All the best
Could you please tell me the effect of not declaring a removed county court judgement (i.e. a CCJ which is over six years old ) on indefinite leave to remain application (i.e through 10 years long residence route) if this CCJ was issued in 2007, under the new immigration rules which took effect from 13th December 2012 and Rehabilitation of Offenders Act – version 2.0 Valid from 9 December 2013.
This CCJ was because of late-payment of water bill, which was paid off in full within 3 months in same year 2007. My understanding is that County Court Judgments are held on the statutory public Register, and on the files of credit reference agencies, for a period of six years from the date of registration, after which they are automatically removed. In this instance, this CCJ is dated in 2007; this judgment would have already been removed from the Register,
One of the questions in the indefinite leave application form (SET) LR reads:
E3. Do you have any civil judgments against you or any civil penalty under the UK Immigration Acts?
In this instance, what will be the answer to the above question? Will it be “Yes” or “No”.
Will not declaring it lead to a refusal of indefinite leave to remain application?
I am keen to apply for Indefinite Leave to Remain. Key question is – am I eligible for ILR application now (under HSMP Judicial Review and 4 year eligibility) or wait for 5 years (as continiuos residence is broken). Many thanks. key dates below:
Oct.2004 – Work Permit visa Granted for 5 years
Nov.2004 – First entry in the UK
Feb.2006 – HSMP approval letter received
Jun.2006 – HSMP visa received until 2008
Jun.2008 – Tier 1 visa (extension until June 2011)
Aug.2008 – Moved out of the UK
Aug.2010 – Returned to the UK (under existing Tier 1)
June 2011 – Tier 1 (General) extension until 2013
June 2013 – Tier 1 (General) extension until 2016
Thanks for the email. I’m assuming this was for a same day application? Which Premium Service Centre (PSC)? You would need to contact them directly for timelines. I’m assuming they had questions that needed checking.
Thanks for your email.
The UK VI (formerly UK BA) would go with your initial HSMP application which falls under the old HSMP Judicial Review… providing you always extended your visas in-country since the initial HSMP? Also, have you been in the UK continouously since August 2010 when you returned to the UK?
I look forward to your reply
I think when in doubt you should provide the details in the application. Mentioning it wont have any negative impact on your case as it was so long ago anyway. Have you applied already?
I am tier 2 work permit holder issued prior to April 2010.I am looking to apply for my ILR.I would be grateful if you can please provide clarity on these queries of mine.
1 – When working in UK,I was on an official trip to India on work related to my employment in UK for a period of 45 days during which I was paid salary in India and not in the UK.But I was on the same work permit visa.So I would like to know if the period of time spent prior to the official trip can be part of my qualifying period for ILR?
2 – During my employment in the UK,I had to be away from the UK for a period of 35 days for my wedding during which I was not paid(unpaid leave) but I continued to be in employment in the UK.I would like to know if this would constitue a break in my continuous leave in the UK that would qualify for ILR?
Hi there – first my thanks for the way information is presented on this website, very helpful and appreciated.
I have a slightly different case as I think I am eligible to apply for ILR but somewhat unclear about the 6th April 2010 rules. My paper visa was issued post April and I arrived in the UK in May/ June’10.
I remember by visa counsel telling me at the time that the visa will be filled under old rules ie rules in place before 6th April but given 5 years have gone past I have no reference or confirmation of this.
How can I establish that my visa was indeed issued under the rules in place before 6th April 2010? Is there a specific visa coding that will allow me to establish this fact. My 5 years expire in May’15 and I am really anxious about this point and any help guidance is much appreciated.
3 years ago cashParticipant
I was granted my ILR in January 2011 ( Work Permit + HSMP + Tier 1) and I am due to apply for my Naturalisation since January 2012.
I was convicted for driving without insurance in March 2009 in Magistrate’s Court. This conviction is now spent. Unfortunately I was again convicted for travelling without a valid ticket while travelling on train. This incident took place on 11th January 2012 and I was called in court on 2nd August 2012. I paid a fine of £265 plus court costs on 2nd August 2012. This conviction does not come up on my advanced CRB check.
Kindly advice me if I should wait till 2nd August 2015 before I apply for Naturalisation or can I apply now. As per the FAQ’s Question 8 this incident took place 3 years back and I don’t have any conviction in last 12 months. According to this my application should be accepted and I should be granted Naturalisation.
Kindly reply as soon as possible.
It would need to have been submitted before 6th April.
Can you not contact your visa counsel to get confirmation.
Alternatively, you could get a subject access report file from the Home Office.
Please contact us directly should you need further assistance:
You must be logged in to reply to this topic.