Tier 1 (General) Renewal or ILR

[JiDan]

Hello Everyone,

I'm about to apply for the Tier1 General (Expires on the 13th Dec 2015) extension for myself, my Wife and my UK born child, but after going through the UKBA website I'm confused if I can apply for ILR.
Here's my situation.

First granted Tier 1 General 08/08/2010
First Entry to UK 15/09/2010
Left UK 30/10/2010
Re-entered UK 10/05/2011 (>180 day gap)
Second Tier 1 Renewal 13/12/2012
Current Expiry 13/12/2015

To me this looked straight forward that I have a more than 180 day gap and I will have to renew my Visa once again.

But then I read how the continuous period is calculated backwards.
So If I am applying for ILR on the 10/12/2015
10/12/2015-10/12/2014
10/12/2013-10/12/2012
10/12/2012-10/12/2011
10/12/2011-10/12/2010
If I calculate backwards, form 2011 Dec to 2011 May I was in the country, but from 2011 May back to 2010 Dec I was abscent for 150 days.

Does that mean I qualify?
or
Although they say the continuous period is calculated backwards, since 2010 Dec falls under the period where I had a break in the stay it will not be counted?

Hope someone here alleviates my confusion.
Thank you very much.

J

[sagareva]

yes you can qualify, you are thinking exactly right -- your application date breaks your long absence into two under-180-day periods

but you do have to provide some explanation for that absence all the same, and it has to be compelling -- not just "i havent found job in uk and went back to work in my home country". absence has to have been for compelling family reasons or if absence is in the beginning, for personal affairs clearly showing do to with wrapping up your move to the UK so that in further years you spent more time here (you sold property there or whatever)

in my experience so far, a number of tier 1 people settled form the same position and this seems to work, so long as absences do fit into under-180-day periods by carefully selecting an application date. i have even had a case when settlement was granted when those were slightly exceeded, but that involved obviously compelling circumstances, such as medical evidence and death certificate for close family member abroad.

however if you do manage to fit them into under-180 day periods as you have, it seems to generally work without much problem so long as you have a letter from yourself explaining reasons as being consistent with purpose of your stay in the UK. if there is any secondary documentary evidence of those reasons, all the better.

feel free to contact me privately

[JiDan]

Thank you sagareva.

[JiDan]

Confused again.
I called up the home office helpline today and the lady at the call centre had to say this.

You do not qualify for ILR in Dec 2015 as you have had a break in your continuous stay.
Because you entered UK within 3 months of the First Tier 1 Visa (Entry clearance issued on 08/08/2010 and I entered on 10/09/2010)
the continuous period is calculated from the 08/08/2010.

Because you were not int he country for more than 180 days in that year , your continuous stay is broken.
Your continous period threfore will only start from 2011 May (the date of my re entry) and you will be eligible to apply for ILR only in 2016 May.

I asked multiple times that as per the ILR guidance, you calculate the continous period backwards. Everytime she reverted, because you have a break in the year you entered you do not qualify and you have to go for an extension.

I'm completely dumbfound as I went back to the guidance and re-read the example that shows how continuous period is calculated backwards..

Can someone please help me.

Thanks
J

[krishna6693]

Hi

Please can you provide me with the contact number of home office helpline and explain the full process, waiting time, questions you asked etc to HO.

Thank you very much.

Sorry I could not help with your question.

[iubus2005]

Unfortunately, if you've had one single break of more than 180 days, you cannot break it based on your application date. i.e. any single break of 180 days or more, resets the continuous period.
If you had more than 180 days in any one calendar year, and it was made up of multiple smaller breaks of less than 180 days, then the application date can help.