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Continuous Residence 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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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pavanto
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Joined: Tue Mar 17, 2015 9:11 pm

Continuous Residence ILR

Post by pavanto » Tue Mar 17, 2015 9:21 pm

Hello Gurus

My case is as follows,

Initial entry clearance granted on 15 Jan 2010. Entered UK on 27 Feb 2010 and my residence details are as below

27 Feb 2010 - 6 April 2010 UK
6 April 2010 - 16 Oct 2010 India (186 days)
16 Oct 2010 - 17 Mar 2015 UK (less than 20 days away from UK each year)

The question is when I am eligible to apply for ILR?

If I consider that 180 days of absence is allowed in a year I should be eligible to apply for ILR (16 Oct 2015 - 180) days that is 16 April or later. Does it make sense? I had a valid visa all time along.

Thanks,

Pavan

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CR001
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Re: Continuous Residence ILR

Post by CR001 » Tue Mar 17, 2015 11:26 pm

Code: Select all

6 April 2010 - 16 Oct 2010 India (186 days)
This is a break in residence as it is more than 180 days absence allowance.

What visa are you currently on?

You can apply for ILR 28 days before 16 October 2015 by my understanding.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

pavanto
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Posts: 6
Joined: Tue Mar 17, 2015 9:11 pm

Re: Continuous Residence ILR

Post by pavanto » Wed Mar 18, 2015 8:22 am

Hello,

Thanks for your reply.

I am on Tier 1 visa and I have extended it till Sep 2017. I can understand that there is a break in continuous residence but as 180 days of absence is allowed in a year wouldn't I be able to apply date of my re-entry minus 180 days?

Thanks again.

Pavan

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CR001
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Re: Continuous Residence ILR

Post by CR001 » Wed Mar 18, 2015 10:09 am

to apply date of my re-entry minus 180 days
No, it does not work like that. 180 days is absence that has already occurred.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

abhisheks9
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Location: Aberdeen
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Re: Continuous Residence ILR

Post by abhisheks9 » Wed Mar 18, 2015 12:44 pm

@pavanto
180 days absence is allowed in single year, so try to break down 186 days into different single years and you should be fine
Disclaimer: This post does not contain legal advice

pavanto
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Posts: 6
Joined: Tue Mar 17, 2015 9:11 pm

Applying before 28 days of completion of qualifying period

Post by pavanto » Fri Sep 11, 2015 1:13 pm

Hello,

I had entered UK on 16 Oct 2010. I extended my Tier 1 visa couple of times. So my current visa is valid until Sep 2017.

Now, I have booked an appointment on 3 Oct for ILR application. The 'Continuous Residence Guide' says I can apply 28 days before the completion of 5 years continuous residence.

Can anyone please confirm that it would be alright for me to apply on 3 Oct if my 5 years residence completion is on 16 Oct and my current visa is valid until Sep 2017?

Please help.

Thanks,

Pavan

kumarRV
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Joined: Fri Sep 11, 2015 3:14 pm

Re: Applying before 28 days of completion of qualifying peri

Post by kumarRV » Fri Sep 11, 2015 3:36 pm

pavanto wrote:Hello,

I had entered UK on 16 Oct 2010. I extended my Tier 1 visa couple of times. So my current visa is valid until Sep 2017.

Now, I have booked an appointment on 3 Oct for ILR application. The 'Continuous Residence Guide' says I can apply 28 days before the completion of 5 years continuous residence.

Can anyone please confirm that it would be alright for me to apply on 3 Oct if my 5 years residence completion is on 16 Oct and my current visa is valid until Sep 2017?

Please help.

Thanks,

Pavan

Hi Pavan & others,

My case is exactly similar to you. So extending this question little further,
The time I spent in india is 80 days (in pavan's case it is 186).
However in that 80 days, I wan't working for any UK based company. I started working in after the 80 days period till now.
So if I include that 80 days, my 5 year continuous residence period completes on 16 Oct 2015. I have an appointment booked on 21-sep-2015.

Can some one confirm me if I satisfy the 5 year continuous period of residence clause of ILR and SET(O) application will be successfull?

Thanks
kumar

kumarRV
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Posts: 16
Joined: Fri Sep 11, 2015 3:14 pm

Re: Applying before 28 days of completion of qualifying peri

Post by kumarRV » Fri Sep 11, 2015 5:04 pm

sorry I posted a clear ticket with complete details than link these this ticket to my situation.
The fresh ticket I posted is

http://www.immigrationboards.com/indefi ... l#p1242467

Sorry for the inconvenience.

Kumar

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