ILR Eligibility Count first year : Tricky

[dpl]

hello ,

Can someone please answer the below tricky query ?

My friend came to Uk on 6th of August 2009 ,wishes to apply for ILR on 9th July 2014 (28 days before the 5 Year)

Now the tricky question here is :- Will the absent for first year be calulated :-
1. Between 9th July 2010 and 10th July 2009 (Note : Enter to leave was granted on 6th Aug. 2009 only) OR
2. Between 9th July 2010 and 6th July 2009 (Because he first entered on 6th July 2010)

Problem here is that his absent between 6th August 2009 and 9th July 2010 is around 170 (slightly less than annual limit of 180) and absent betweeen 9th July 2110 and 10th July 2009 will be (170+26 = 196)

[dpl]

Experts please reply to the above query

[kodakandala]

Your friend should be alright to apply.

[dpl]

Thanks kodakandala for the hope. Can I have more expert's feedback on this please just to double confirm?

[dpl]

Experts Please provide your comments

[dpl]

awaiting response from experts . Please respond

[a.zaheer]

Hi

You need to calculate in reverse order from the date you are planning to apply.In your case, if you are applying on 9th July 2014 your years breakdown should be:

Year 1: 10 July 2013 to 9th July 2014
Year 2: 10 July 2012 to 9th July 2013

and so on...

hello ,

Can someone please answer the below tricky query ?

My friend came to Uk on 6th of August 2009 ,wishes to apply for ILR on 9th July 2014 (28 days before the 5 Year)

Now the tricky question here is :- Will the absent for first year be calulated :-
1. Between 9th July 2010 and 10th July 2009 (Note : Enter to leave was granted on 6th Aug. 2009 only) OR
2. Between 9th July 2010 and 6th July 2009 (Because he first entered on 6th July 2010)

Problem here is that his absent between 6th August 2009 and 9th July 2010 is around 170 (slightly less than annual limit of 180) and absent betweeen 9th July 2110 and 10th July 2009 will be (170+26 = 196)

[dpl]

Thanks for your reply a.zaheer . But unfortunately my query is for first year. Can experts please throw light on this ?

[abid4u]

Can you give the Entry clearance date so that someone can advice further.

[zaki.patel]

Since your friend wants to apply on the 9th July 2014, his chart will look something like this
Year 1 - 9th July 2014 - 10th July 2013
Year 2 - 9th July 2013 - 10th July 2012
Year 3 - 9th July 2012 - 10th July 2011
Year 4 - 9th July 2011 - 10th July 2010
Year 5 - 9th July 2010 - 10th July 2009

[dpl]

[Correction in my original query : Please follow this one]
hello ,

Can someone please answer the below tricky query ?

My friend came to Uk on 6th of August 2009 ,wishes to apply for ILR on 9th July 2014 (28 days before the 5 Year)

Now the tricky question here is :- Will the absent for first year be calculated :-
1. Between 9th July 2010 and 10th July 2009 (Note : Enter to leave was granted on 6th Aug. 2009 only) OR
2. Between 9th July 2010 and 6th August 2009 (Because he first entered on 6th August 2010)

Problem here is that his absent between 6th August 2009 and 9th July 2010 is around 170 (slightly less than annual limit of 180) and absent between 9th July 2110 and 10th July 2009 will be (170+26 = 196)

[dpl]

abid4u : Visa issued on 1st August 2009 and entered UK on 6th August 2009

zaki.patel : Regarding your comment 'Year 5 - 9th July 2010 - 10th July 2009'

how can year 1 start from 10th July 2009 even he first entered UK on 6th August 2009?

[abid4u]

The earliest he can apply is on 04/07/2014. Please refer to the below document for further details:

https://www.gov.uk/government/uploads/s ... eriods.pdf

Just put the absence days in the below table, if they don't exceed 180 days in any of the 5 years as below, it's absolutely fine to go ahead and apply for ILR.

Year 1 04/07/2014 05/07/2013
Year 2 04/07/2013 05/07/2012
Year 3 04/07/2012 05/07/2011
Year 4 04/07/2011 05/07/2010
Year 5 04/07/2010 05/07/2009

[dpl]

Year 1 04/07/2014 05/07/2013 = 14
Year 2 04/07/2013 05/07/2012 =0
Year 3 04/07/2012 05/07/2011 = 15
Year 4 04/07/2011 05/07/2010 = 118

Option-1- If calulated between
Year 5 04/07/2010 05/07/2009 = 199

Option-2- If calculated between
Year 5 04/07/2010 06/08/2009 = 170 [as he first entered on 06/08/09 so I understand absent before coming to UK should not be counted?]

Please suggest