How to count absences for Indefinite Leave to Remain? From what date? Date of entry, date when the visa was issued or date of ILR application?

By 1st 4Immigration - #1 UK Immigration Experts -
This is one of the most common question for those applying for an ILR in the Points-Based System routes, such as Tier 1 and Tier 2, as well as in the Ancestral route.

The limit on absences is well-known, 180 days in each 12 months of the (5 years) qualifying period. The questions is: how do we count these 12 months, from which date? From the date of entry to the UK? No. From the date of when the visa was issued? No. A calendar year? No.

The answer is: from the date of application for an ILR. Since there is no obligation to apply for an ILR on the 1st day you are eligible, ‘your’ 12 months for this purpose will depend on the day when you’re applying for an ILR. To make it more complex, you can apply for an ILR within 28 days before you qualify, thus potentially ‘moving’ your application date and therefore ‘your’ 12 months again.

There may be further questions re whether to count the period between the date your Entry Clearance was issued and the date you entered the UK; plus a further question whether to count this period as an absence.

For an individual advice or to make an application please contact us: info@1st4immigration.com or visit www.1st4immigration.com   
 

If you are an Immigration Adviser or a Solicitor please visit our immigration Training and CPD website: www.1st4immigration.com/training    

 

 

Popular posts from this blog

Updated May 2020: UK visa work continues - latest update

By -
UK immigration authorities continue to process visa applications, albeit not as fast as they normally would. The visa centres are beginning to gradually re-opening from 1 June 2020 in the UK and abroad. Regardless of when your particular centre re-opens, it is still possible to submit your application online. If your visa expires soon, you can apply for your next visa "on-time", i.e. before your current visa expires, by making such an application online and then waiting for the further steps. This keeps you within the Rules and does not make you an overstayer.  Even better, the actual documents (supporting evidence) can be submitted later, thus giving you even more time to prepare while remaining within the Rule on visa expiry dates. We usually have 45 days to provide the documents (ie upload them online to the Government portal) after the online "submission" mentioned above. This is extended for as long as it will take to clear up the backlog.  If you...
Read more

🇬🇧 Spouse vs Fiancée visa: pros and cons

By -
Image
    How are they different? What are advantages of each of them? Our helpful table below gives you the visa options for partners of UK citizens. Spouse visa (including civil partners) Fiancée visa Marital status Have to be married (or get married) and apply for a UK visa as a Spouse. Can come to the UK, get married within 6 months and then apply for a Spouse visa. Where to apply? Can apply outside the UK, in a country where a foreign spouse lives or works (but not visiting). Can switch inside the UK from most categories. Only outside the UK This includes a situation where the current UK visa allows switching to a Spouse visa but the couple has to take the Fiancée route (such as if they need time to meet the Financial Requirement). Duration of the visa 2.5 years, then extension for another 2.5 years, then permanent residency after 5 years. 6 months, then Spouse visa for 2.5 years, then extension for another 2.5 years, then permanent residency after 5 years on Spouse visas only ...
Read more

UK Visas and Immigration plans to go paperless in 2018. If it works, family visas – for spouses, partners, children etc – will be submitted online instead of the current paper forms and supporting documents.

By 1st 4Immigration - #1 UK Immigration Experts -
Image
How do we know? We, 1 st 4Immigration Ltd,   were chosen by the UKVI to take part in a survey to provide a feedback on the upcoming system. We are very honoured! As can be seen on the Home Office letter (pictured), we were selected as one of only approximately 50 firms in the whole country, following the request of the Home Office to the OISC. We had a visit from 2 Home Office officials in November 2017. What a great day and what a productive visit! The officials informed us they had been trying hard to promote the online application process for in-country applications, such as FLR(M) for spouses and partners of UK citizens. The online applications have existed for entry clearance (when applying outside the UK) for many years now. Yet the in-country online application process has so far been relatively unknown and unused. It can be found here: https://visas-immigration.service.gov.uk/product/family-routes At the moment most FLR(M) and FLR(FP) applications ar...
Read more