ILR for Tier 1 due to absence and dependent expiry of visa

[naveediiqbal]

Hi,

I initially got my Tier 1 visa on NOV 2009 and moved to UK in 24 April 2010 with my family, I did not find suitable jobs that time within UK and I was offered a job in a global firm (with offices accross the world including in UK), I signed up the contract while in UK. I moved to overseas on Feb 2011 and worked there up to 03 June 2012, when I left the job I moved back to UK on 29 June 2012, while my wife wanted to spent some time in Pakistan with family stayed there. during the time she was about to renew her visa (in Pakistan) we were expecting baby and therefore she was not able to travel and her dependent visa expired on Nov 2012. She re-applied for her dependent visa after full recovery in November 2013 and traveled to UK in Dec 2013.

As I have a gap of >180 days in 2011 and < 180 days gap (due to overseas employment) in 2011-2012 will my clock will be reset. I have a couple of questions.

1) is there any way my period out of UK (Feb 2011 to June 2012) could be counted towards my ILR period or could not? I am going to apply next (second) extension on late Jan 2013. if yes then what will be the appropriate date to apply for ILR, and if not then again what date?

2) shall expiring and re application of my wife's dependent visa due to her medical conditions will have any impact on her qualifying for ILR and what dates will be the appropriate for her to apply ILR.

I hope respected members will advise me and I will be really thankful.

Kind Regards,

[O_Relly]

You could potentially split your absence between 2 periods of 12 months each, if it was 360 days. Since in your case it is more than a year (Feb 2011 to June 2012), your ILR clock was reset and your time started again on 29 June 2012. You will be eligible to apply for ILR 28 days prior to 29 June 2017.

Your wife will be eligible for ILR 28 days prior to Dec 2013 + 5 years.

[naveediiqbal]

Hi O_Relly and other senior members / admin,

If there is a exemption allowed for 180 days in a year why not I claim for one 180 days for ILR. so my first period would start from 30 Dec 2011 to
4/1/2012 3/1/2012 One year in which I was away less then 180 days (4 Jan to 29 June 2014 = 179 days )
4/1/2013 3/1/2013 I was away for 20 days only
4/1/2014 3/1/2014 no away days
4/1/2015 3/1/2015 hopefully less then 180
4/1/2016 3/1/2016 hopefully less then 180

So then I may apply 28 days before 3/1/2016 e.g 5/12/2016. Is this scenario possible for my case. Please advise any potential issues. I will be eagerly awaiting valuable advise. thanks

[naveediiqbal]

Apologies I meant

3/1/2012 2/1/2013 One year in which I was away less then 180 days (3 jan 2012 to 29 June 2014)
3/1/2013 2/1/2014 I was away for 20 days only
3/1/2014 2/1/2015 no away days
3/1/2015 2/1/2016 hopefully less then 180
3/1/2016 2/1/2017 hopefully less then 180

[ca4nul]

@naveediiqbal and @O_Relly it is getting really confusing.

I have read continuous residency guidelines following is link
https://www.gov.uk/government/uploads/s ... eriods.pdf

it clearly says you can be outside uk for less than 180days in a year but your clock starts when you applied visa or when you comes to uk first time(if you applied from pakistan). My understanding is you come to uk 24-04-2010 so your clock starts at that time. Now you have to calculate your ilr as per continuous residency guidelines. (such as can not be outside of uk for more than 180 days in a single year). if you calculate like that you will be ok to apply in feb 2017

3/1/2012 2/1/2013 One year in which I was away less then 180 days (3 jan 2012 to 29 June 2014)
3/1/2013 2/1/2014 I was away for 20 days only
3/1/2014 2/1/2015 no away days
3/1/2015 2/1/2016 hopefully less then 180
3/1/2016 2/1/2017 hopefully less then 180

Now i preassume your wife got first Tier 1 Dependent visa Nov 2009 and comes with you in 24-04-2010. So she has to complete 2 year of continuous residency. Check ILR wisard in HomeOffice website & Below link
http://www.immigrationboards.com/indefi ... 73069.html

I'll appreciate if anyone else has second opinion.

Thanks

[naveediiqbal]

@naveediiqbal and @O_Relly it is getting really confusing.

I have read continuous residency guidelines following is link
https://www.gov.uk/government/uploads/s ... eriods.pdf

it clearly says you can be outside uk for less than 180days in a year but your clock starts when you applied visa or when you comes to uk first time(if you applied from pakistan). My understanding is you come to uk 24-04-2010 so your clock starts at that time. Now you have to calculate your ilr as per continuous residency guidelines. (such as can not be outside of uk for more than 180 days in a single year). if you calculate like that you will be ok to apply in feb 2017

3/1/2012 2/1/2013 One year in which I was away less then 180 days (3 jan 2012 to 29 June 2014)
3/1/2013 2/1/2014 I was away for 20 days only
3/1/2014 2/1/2015 no away days
3/1/2015 2/1/2016 hopefully less then 180
3/1/2016 2/1/2017 hopefully less then 180

Now i preassume your wife got first Tier 1 Dependent visa Nov 2009 and comes with you in 24-04-2010. So she has to complete 2 year of continuous residency. Check ILR wisard in HomeOffice website & Below link
http://www.immigrationboards.com/indefi ... 73069.html

I'll appreciate if anyone else has second opinion.

Thanks

@ca4nul: Thanks V much. So, 28 days prior to 2 Jan 2017 means 6-7 Dec 2016 would be a suitable time to apply ILR for me and following 2 years residency requirements 1 Jan 2017 will be good for my wife to apply as well. Please correct me if I am interpreting it wrongly. Thanks

[ca4nul]

@naveediiqbal Yes to both of your questions.

As i explain you earlier that this is my understanding because i'm in same scenario and i read a lot on forums and HO docs.

just to double check everything i 'm about to confirm it with Good Immigration Lawyer. Because there is too much confusion on forum.
Just searching for Good Immigration Lawyers who knows more than me to answer my questions.

if anybody knows any Good Immigration Lawyer specially Tier 1 please forward contact details.

Thanks

[naveediiqbal]

Thanks mate. Will look forward to further advises from other members as well.