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and what is the query? as per above, you are safe to apply on 15 April 2014. I am not a barrister but you can pay me fee if you wishhappy1982 wrote:Hi,
Thanks for the response.
I am on Tier 1 and applying in april 2015
15 april 2015-----------14 april 2014 - no plan as of yet.
15 april 2014-----------14 april 2013 - 0 days
15 april 2013-----------14 april 2012 - 87 days - went to see family
15 april 2012-----------14 april 2011 - 73 days - went to see family
15 april 2011-----------14 april 2010 - 21 days - went to see family
Regards,
moto
happy1982 wrote:Thanks for your reply,
Actually the absence of 73 days and 87 days in 2012 i was in UK, but my passport was kept by IO at heathrow, when i was returning from my country after 2 weeks holidays.
There was problem in my tax return, resulted in paying £2500 less tax, that i corrected it with HMRC and paid £2500.
they kept my passport for nearly 5 months and 11 days, ONE day i received a call from Heathrow airport saying all the irregularities on your tax return have been sorted out and your passport has been posted out to you.
They stamped my passport in july 2012 rather than feb 2012.
when i will apply for ILR and case worker will look entry stamp to UK, it will be not right, as i arrived in feb 2012 not july 2012.
This is very complicated situation for me, couldn't think what would be consequences?
Regards,
moto
Then why are you counting these as absences? These are not absences.Actually the absence of 73 days and 87 days in 2012 i was in UK, but my passport was kept by IO at heathrow, when i was returning from my country after 2 weeks holidays.
Not a problem. You were present in UK at that time & can prove (by submitting bank statements, council tax or any other proof)They stamped my passport in july 2012 rather than feb 2012.
It is not a complicated case, as suggested above, just write a cover letter along with proof and you are good to go & be happy .This is very complicated situation for me, couldn't think what would be consequences?
If you are subsequently allowed to retain your existing visa status then I see no reason why it breaks the continuous residence as you were in UK at that time.Will UKBA consider this period a break in the continuous residence?