calculating continuous period

[staltimm]

Hi

I came to the UK in Jan 2009 with work permit valid till Dec 2010. I went back to India in May 2009, applied for Tier 1 while in India and came back to the UK on my Tier 1 General Visa in Nov 2009

I subsequently got my Tier 1 extended in 2012 and now planning to apply for ILR

My question is:

If I submitted my application for ILR in Aug 2014, will the time between Aug 09 and Nov 09 considered within my continuous period of 5 years or will it be considered as a break?

Please note I am ok with this period being considered as absence within the total 180 days absence period. I just do not want it to be considered as a break in the continuous period of 5 years.

Thanks

[staltimm]

Hi all

just to give more information, my continuous period and days of absence in each of the 12 months will be as below

Year 1 01-Aug-14 02-Aug-13 15
Year 2 01-Aug-13 02-Aug-12 23
Year 3 01-Aug-12 02-Aug-11 24
Year 4 01-Aug-11 02-Aug-10 14
Year 5 01-Aug-10 02-Aug-09 119

In 2009 however, I was on work permit between Jan 09 and May 09. Went back in May 09, applied for Tier 1 and came back in Nov 09. The fact that I went back to India while on work permit and came back to the UK in Nov 09 - does it impact the continuous residence calculation?

Thanks

[Amber]

If the applicant’s leave expires whilst they are outside the UK and they apply for entry
clearance within 28 days, the applicant’s continuous period is not broken. In this
circumstance, if they successfully get a new grant of entry clearance, the period spent
outside of the UK will count towards the 180 days allowable absence. This includes any
time:

 after the expiry of their leave
 while the entry clearance application is under consideration, and
 where they are delayed entering the UK once entry clearance has been granted.

[staltimm]

Thanks Amber

In my case, my work permit was actually valid till Dec 2010. And I got Tier 1 while still having a valid work permit as I could not get a longer term assignment with my employer at that time.

I was worried as to whether I should have been in the UK on the first day when the 5 year period starts. It looks like it doesn't have to and in fact I may now be able to apply for ILR even earlier (as early as 01 Jun) based on below calculation

Year 1 01-Jun-14 02-Jun-13 13
Year 2 01-Jun-13 02-Jun-12 21
Year 3 01-Jun-12 02-Jun-11 22
Year 4 01-Jun-11 02-Jun-10 13
Year 5 01-Jun-10 02-Jun-09 179

Will get the life in the UK test out of the way first and then look into applying for ILR at the earliest

Thanks a lot for your help with this