ILR – continuous period in the UK

[yasirali171]

Dear All,

As this forum has been great help to me in past, i really would like to ask everyone for help again for something really BIG. This how it goes. I have covered all the basic requirements for ILR and have extended my Tier 1 (general) last year in Nov for the second time as continues five years period couldn't be achieved. Please find below my Visa dates to make things simpler;

Post Study Work: visa issued 16 Sep 2008
Tier 1 General: visa issued 21 Jan 2010
Tier 1 General (extension): visa issued 25 Jan 2013
Tier 1 General (extension): visa issued 28 Nov 2014

I had to extend my visa for the 2nd time as i did not qualify for ILR then i.e. since i did not complete my 5 years on T1 General. What i would like to know is when can i apply for ILR? As i have well over passed five years tenure however continues period in UK is an issue due to absent in 1 of the years as below;

Details of my absences from the UK

10 Sep 2007-19 Sep 2007 Visiting Family
23 Sep 2008-24 Oct 2008 Visiting Family
22 May 2009 - 22 June 2009 Visiting Family
06 Jun 2010 - 17 Jul 2010 Visiting Family
04 Feb 2011 13 Sep 2011 went to see family Father got really sick but no much documentation to support this.
01 Mar 2013-16 Apr 2013 Visiting Family
06 July 2012 - 15 July 2012 Visiting Family
22 Mar 2014 - 29 Apr 2014 Visiting Family.



Regards,

Yasir

[vinny]

Use the date caculator to help you calculate the number of whole days absence.

See also Continuous period and Tier 1 (General) settlement.

[yasirali171]

Use the date caculator to help you calculate the number of whole days absence.

See also Continuous period and Tier 1 (General) settlement.

Dear Vinny,


Thank you for providing link to calculate the number of day and for the information on ILR continues period. I have calculated and have written number of days below;

10 Sep 2007-19 Sep 2007 Visiting Family 39 days
23 Sep 2008-24 Oct 2008 Visiting Family 32 days
22 May 2009 - 22 June 2009 Visiting Family 32 days
06 Jun 2010 - 17 Jul 2010 Visiting Family 42 days
04 Feb 2011 13 Sep 2011 went to see family Father got really sick but no much documentation to support this. 222 days
06 July 2012 - 15 July 2012 Visiting Family 10 days
01 Mar 2013-16 Apr 2013 Visiting Family 47 days
22 Mar 2014 - 29 Apr 2014 Visiting Family. 39 days

I have gone through this quite several times but can not understand when can i apply? I am still confuse about do we have to use calendar start and finish year or we can use any 12 consecutive months "i.e. similar to what we do while calculating the pay". If i can do so then the breakdown will be as below and it will not effect the continues period, but do i still have to give them the reason for the absence even though it doesn't exceed continues period restrictions.

See below re your absences based on an application for ILR made on 01/04/2015:-

01/04/2015 – 31/03/2014 – 28 days
01/04/2014 -31/03/2013 - 24 days
01/04/2013-31/03/2012 - 75 days
01/04/2012-31/03/2011 - 165 days
01/04/2011-31/03/2010 - 75 days

Regards,

YASIR

[leeloy88]

The 12 month counting will start from the date you submit your application. So given that April has passed, you cannot use 1 April as a starting point to count your 12 months.

But to answer your question, you can be flexible and pick your application date so that the 222 days absences can be split between 2 years and make it less than 180 days per each 12 month.

However, given that the 222 days absence is all in 1 trip, I'm wondering if this is considered as a break in continuoua stay (as one trip should be less than 90 days, this rule however may have changed) worth checking and confirming on this.

[yasirali171]

Hope you all are well. I have read somewhere From April 2016, migrant workers will need to earn at least £35,000 to qualify for settlement in the UK. Is this True? Will this affect everyone who is applying for ILR?

Regards,
Yasir