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HelpThisPerson wrote:Hello,
I got my Tier 1 General Migrant in Aug 2009 for 3 years till July 2012. However I was out of the UK for about 1 year (slightly more) from Dec 2009-Feb 2011. I came back in last week of Feb 2011 to the UK and applied for an extension in July 2012. I got an extension till July 2014 (2 years). Since I did not have 5 continuous years of residence in July 2014 I applied for another extension of tier 1 instead of ILR. This is now till July 2016. Now I will finish my 5 continous years in Feb 2016 end (March 2011-Feb 2016).
Now I have not gone out from the UK from end Feb 2011 till now and definitely dont plan to do so till Nov 2015. Now can I apply for ILR in Nov 2015 because if I calculate backwards from Nov 2015, I will be starting my 5 continuous years calculation from Nov 2010. And then the number of days outside UK will be Nov 2010-Feb2011 which will be 120Days which is less than 180 Days.
So my question again, can I apply for ILR in Nov 2015 instead of March 2016 (maybe even earlier) or will the caseworker consider the 1 year gap too long and require me to start my calculation from March 2011?
as long as your absence in the first year of the qualifying period (Nov 10 - Nov 11) is less than 180 days you comply with the rules as far as absences are concerned. See p20:
https://www.gov.uk/government/uploads/s ... .0_EXT.pdf
Thanks in advance!
yes, continue reading to p22 of the document linked above:HelpThisPerson wrote:Thanks that makes it clear. Also the second question. As a Tier 1 General Migrant do I need to give reasons for my absence?
middletier 1 wrote:Hi Manci,
I am also in the same boat as 'HelpThisPerson'. please find my absences as below and advise me please;
I have got my Tier 1 G visa valid from Nov'09 and I came to UK on Jan'10 and below are my absences;
Date From --- Date To ---- Days Outside The UK
26-Mar-10 ----- 27-Jun-10 ---- 92
09-Jul-10 ----- 07-Nov-10 ----- 120
14-Nov-10 ----- 13-Aug-11 ----- 271
Now I will finish my 5 year period by Apr-2016 (Apr'11 to Apr'16), I have back calculated from Apr'11 instead of Aug'11 and I counted as below;
Apr'11 to Apr'12 - 1 year (119 days out of UK)
Apr'12 to Apr'13 - 2 year (24 days out of UK)
Apr'13 to Apr'14 - 3 year (20 days out of UK)
Apr'14 to Apr'15 - 4 year (29 days out of UK)
Apr'15 to Apr'16 - 5 year (6 days out of UK)
The reason for 119 days absences: I was actively looked for contracting jobs and got evidences of emails for telephonic interviews and got an offer in July'11, thus started all the paperwork and came back to UK on 13 Aug'11 and joined the contract and also opened the company as well. So I am thinking as the absences period is 119 days only for 1 year so I am eligible for ILR in Apr'11 with the above reasons. And I am thinking to apply in Mar'16 as I can apply 28 days before.
absences seem OK but the caseworker will no doubt examine the reasons. Re. the date of application note (p20 in the doc linked above):
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period. However, the specified continuous period is always counted backwards from the date the ILR application is submitted.
Please advise me
Thanks
If you were initially granted entry clearance or leave to remain in the T1G route in August 2009 and you have never been on any other leave to remain category since, then the points calculation under the rules in place before 6th April 2010 will apply to you.HelpThisPerson wrote:Question 2: in the SET(O) form page 36 (section A7) there are two sets of ranges for point calculation:
Applications for indefinite leave to remain where an applicant has had leave as a Writer, Composer or Artist, Self-employed lawyer, or as a Tier 1 (General) migrant under the rules in place before 6 April 2010:
this set of ranges have more points for lesser earnings
Applications for indefinite leave to remain where previous leave as a Tier 1 (General) migrant was granted under the rules in place on or after 6 April 2010:
this set of range has less points compared to the other set.
for the first 3 years I had tier 1 general Migrant " under the rules in place before 6 April 2010" so does this mean that ranges in set 1 are relevant for me?