Urgent Tier1 Extension/ILR Absence calculation/28 Day rule

[infocen]

Dear members,

Given that the Tier 1 extensions are closing soon, I need help to understand if I need to apply for extension or if I will be able to apply for ILR directly. My case is as follows.

Tier 1 General valid from - 2nd Feb 2011.
First entered UK - 7th Feb 2011
I then left the UK on the 10th and came back on the 19th of May 2011. I was away for 97 Days in a single stretch.

Q1. Is being away for 97 days in a single stretch going to be a problem ?

Q2. I have been travelling for employment purposes on and off every year.
First Year - 2nd Feb 2011 - 31st Jan 2011 - 166 Days (including the 97 days I was out on a single stretch)
The other years I have been out not more than 90 days which is broken in to short trips of 1 to 2 weeks.
when calculating 180 days on any 12 consecutive months is it going to be a problem?

Q3. Can I apply for ILR in Jan 2016? if so say if I get a date on Jan 20th 2016 my 5 years will be as follows?
Year 1 - 20th Jan 2016 to 20th Jan 2015
Year 2 - 20th Jan 2015 to 20th Jan 2014
Year 3 - 20th Jan 2014 to 20th Jan 2013
Year 4 - 20th Jan 2013 to 20th Jan 2012
Year 5 - 20th Jan 2012 to 2nd Fed 2011 (here my visa was only valid from 2nd Feb is this an issue? since it is was not valid until the 20th Jan 2011 or using the 28 days rule is should be safe?)

Seniors please let me know what your suggestion is and if it will be possible to apply for ILR or not.

Thanks.

[CR001]

Q1. Is being away for 97 days in a single stretch going to be a problem ?

No. There should be no more than 180 days absence per 12 month cycle.

Q3. Can I apply for ILR in Jan 2016? if so say if I get a date on Jan 20th 2016 my 5 years will be as follows?
Year 1 - 20th Jan 2016 to 20th Jan 2015
Year 2 - 20th Jan 2015 to 20th Jan 2014
Year 3 - 20th Jan 2014 to 20th Jan 2013
Year 4 - 20th Jan 2013 to 20th Jan 2012
Year 5 - 20th Jan 2012 to 2nd Fed 2011 (here my visa was only valid from 2nd Feb is this an issue? since it is was not valid until the 20th Jan 2011 or using the 28 days rule is should be safe?)

You can apply for ILR no sooner than 28 days before your meet the 5 year residence requirement.

First entered UK - 7th Feb 2011
I then left the UK on the 10th and came back on the 19th of May 2011. I was away for 97 Days in a single stretch.

Unsure about this one, perhaps one of the other mods can advise.

[infocen]

Many Thanks CR001.

Just to explain a bit more clearly.

I came to the UK on the 7th to meet my boss and agree on the start date. I was working for the same company in India then. I moved to the UK on 19th May 2011 to start my Job from June 1st 2011 and my family joined me in June 2011.

Please if anyone can shed some light on this it will be great.

Also if I apply on the mid of Jan 2016 will it be fine?

[infocen]

Dear Seniors,

Any help on this one please?

Thanks.

[infocen]

Any help on this one please?

Thanks.

[infocen]

Hi,

Any help on this please? I discussed with a solicitor and they say since I entered the UK for 4 days then left for over 90 days, the home office could say I did not genuinely commence residence until May 2011.

Please can some seniors shed some light if its an issue? I need to figure out if I should extend or if I will be ok for ILR.

Thanks.