ILR Absences

[samira_uk]

Dear All,

I am going to apply for ILR in Feb 2015. As you all know, the continues residency requirement is very vague and unclear for Tier 1 migrants. Below is my scenario:
Entered the UK in Feb 2010 and found a part time job (no paid annual leave)
Left the UK in May 2010 and returned in July 2010 (about 67 days) for both visiting family and also assessing a business (I wanted to establish a business in the UK but my client base was in my home country)
Left the UK in October 2010 and returned two weeks later, unemployed and looking for job
Left the UK in April 2011 and returned three weeks later, again unemployed and looking for job
In May I finalized my business idea and register as a sole trader
in August 2011 I found a full time permanent job and since then all of my absences have been work related and paid leave

Guidance is so vague about the Tier 1 General. Will I face any problem for absences before August 2011?

I posted it on Tier 1 General and have not received any reply. Please remove it form that forum. I could not do it myself.

[lsubha123]

Hi All,
I have a similar query as above, on ILR absences for my application:

Initial Tier-1 visa grant date: 16th July 2008
Entry to UK using Tier-1(for attending Interview): 2nd Dec 2009
Left UK after Interview: 10th Dec 2009
Came back UK with Job offer: 7th Mar 2010. Since then staying in UK with 1 month vacation to India every year.
Current Tier-1 expiry date: 16th Apr 2016

I would like to know whether I am eligible to go for ILR based on my UK entry date using Tier-1 Visa(ie.2-nd Dec 2009). If so, then I will be going for ILR in Nov 2014 based on 28 days prior to the eligible date. Please advice. I was told by my friends that I am eligible only based on Mar 2010 date, as I have started working from that time and it will be considered as Legal residence. My friends added that, as I was just here for a week in Dec 2009 - it will be considered as visiting purpose only and not be counted for ILR, even if the absence is less than 180 days.

As the absence from 2nd Dec 2009 to 7th Mar 2010, is less than 180 days - I think I am eligible to apply for ILR based on my first entry date to UK. If yes, do we need to submit a letter / proof as it is outside Business absence. I like to know your inputs. Please help me. Thanks in advance.

[samira_uk]

any idea?

[samira_uk]

Any idea from the experts and gurus? The guidance is not clear.

[lsubha123]

Hi Moderators

Please provide your inputs/comments for the queries raised or advice if this post needs to be placed in other areas for faster response. Thanks