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5 years Continuous period for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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boopat123
Newly Registered
Posts: 12
Joined: Tue Jan 22, 2013 10:03 pm

5 years Continuous period for ILR

Post by boopat123 » Tue Oct 21, 2014 11:47 pm

Hi,

I have a break of 3 months in my 5 year continuous period. During that 3 month period I was on Tier 2 visa and I worked for the same company in India during those 3 months. Does this 3 month absence break my 5 year continuous period for ILR? If it does not break, I will be eligible this month otherwise I have to wait until August next year. Please could somebody advice?

Thanks,

Malik44
Senior Member
Posts: 673
Joined: Fri Jul 13, 2012 2:25 am

Re: 5 years Continuous period for ILR

Post by Malik44 » Tue Oct 21, 2014 11:51 pm

less than 180 days absence does not break the continuous residence requirement you will be fine.
with regard to your ILR you can apply 28 days before to complete your 5 years on Tier 2.

boopat123
Newly Registered
Posts: 12
Joined: Tue Jan 22, 2013 10:03 pm

Re: 5 years Continuous period for ILR

Post by boopat123 » Thu Oct 23, 2014 1:49 pm

Thank you Malik44,

Thanks for your reply. I was confused because of this line (https://www.gov.uk/government/uploads/s ... eriods.pdf),
"If the absences are connected to other employment outside the UK, which demonstrates the
UK employment is secondary, these are not permitted absences, and the continuous period
requirement is broken."
Does this mean, I should be getting paid in the UK during that 3 months period so that that makes my UK employment primary? I was paid in India during those 3 months.

Thanks
Boopathi

argus7
Senior Member
Posts: 577
Joined: Sat May 08, 2010 1:18 pm
Wales

Re: 5 years Continuous period for ILR

Post by argus7 » Thu Oct 23, 2014 2:29 pm

You should be fine, as long as your absences are less than 180 days and have P60s to prove taxes paid in the 5 years residency period.

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