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UK_Lawyer, Solicitor
Category: Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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First of all apologies story here. Its actually needed

Customer Question

First of all apologies for long story here. Its actually needed to put my context right.
I am looking for your opinion on if you can help me in this case and what will be your charges for the same:
I am in the country on Tier-2 General VISA and looking forward to apply for my ILR. However I am not sure, exactly when should I apply for the same.
Please have a look at the event below and suggest me when should I apply for ILR
15, Dec 2010: I got my first permission to leave on Tier-2 General
2, Jan 2011: I entered into country
29, Apr 2011: I left the country and went abroad on a short term assignment for same client as in UK(although I have no letter from that sponsor/employer and they wont've give me as well, as I changed my sponsor not on a very good term. Unfortuntaley :cry: ).
14, Aug 2011: I came back to the country on the same VISA and same employer
26, Aug 2011: I changed my sponsor and got for new Tier-2 General (in country) before expiry of previous visa
20, Apr 2012: I changed my sponsor again and got new Tier-2 General Visa again (In country) before expiry of previous visa
May, 2014: I got my extension on the Tier-2 General and now my visa is valid until May 2017
I can arrange all the documents from my last 2 employers. However I can not get any document from my very first sponsor as they were not happy when I changed my employed and sponsor in Aug 2011. and my 92 days of abscene is with my first employer only
Although I have some payslips and offer letter etc from first employer. May be some mail communication as well.
Please suggest when can I apply for ILR.
Many thanks in advance and apologies for long question.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
Is it important for you to apply for ILR as soon as you are eligible or thing you are eligible or are you prepared to wait a few more months before applying?
Kind regards
Customer: replied 2 years ago.

UK Lawyer:

sorry i did not get any answer from this. I wanted to check about the absence from the country I have in the 2011.

Because of that, when I am eligible for ILR.

Please read the question first before answering

Customer: replied 2 years ago.
Relist: Inaccurate answer.
answer has no relation to my question and it came very late
Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I was not answering your not I was asking further questions before answering.
Kind regards
Customer: replied 2 years ago.

i dont know what you are trying to say. why are you replying if you are not answering to my question.

Expert:  UK_Lawyer replied 2 years ago.
Thank you for your reply.
I was trying to ask you questions to assist me in answering your question to the best of my abilities, as you have not answered my question, I will go by what you have asked originally.
Your period of entry to the UK will be deemed the same as the date you were issued your visa as you entered the UK within 90 days of the date of issue. Therefore in the simplest sense your application for ILR should be submitted on 15 December 2015 or within 28 days of this date.
In respect of your absences from the UK the home office requires you to provide proof of any and all absences, they do have discretion to overlook absences if you are unable to provide proof if they are 90 days or less. In your case your absence was for a longer period than 90 days, therefore the home office are likely to want evidence of this.
In this regard you now have two options:
1. You submit the application by 15 December 2015 and then state the reasons why you are unable to submit documentary evidence of your absences from the UK, you may wish to provide your employers number and contact details as well as as much evidence as possible from your trip from April - August. The home office will take this into account and make a decision
2. You wait until 26 August 2016 and submit your application after this date as you would only need to show evidence of you working in the UK for the last 5 years. As you will not need to account for your absences from April - August 2011, your application should be successful and you should be issued with ILR.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards