ILR continuous residency - including part of long absense

[MMGP]

Hi all,
I would appreciate if someone could help me with the query.
I received my Tier 1 General visa on 1 October 2008, and entered UK with this visa in April 2009.
However, I left UK after about 2 weeks and went back to my country as we had a new born baby.
I was out of UK until 10 February 2011, or about 650 days absence. After I came back to UK in February 2011, I leave UK only for short-tern holidays.
Given that continuous period is calculated backwards from the date of ILR application, it seems to me that I should be able to include 180 days of my long absence and apply in August 2015. In this case, 5 year consecutive period would be calculated as follows:
August 2015 - August 2014 (30 days absence)
August 2014 - August 2013 (15 days absence)
August 2013 - August 2012 (20 days absence)
August 2012 - August 2011 (20 days absence)
August 2011 - August 2010 (180 days absence)
However, I am not sure whether there are any other things to consider.
Please can you give me advice whether I can apply in August 2015, or it is still better to wait until February 2016 to apply for ILR.

[MMGP]

Hi,

Can anyone help me with the above query, please ?

Thanks very much.

[Zee ali]

Hi all,
I would appreciate if someone could help me with the query.
I received my Tier 1 General visa on 1 October 2008, and entered UK with this visa in April 2009.
However, I left UK after about 2 weeks and went back to my country as we had a new born baby.
I was out of UK until 10 February 2011, or about 650 days absence. After I came back to UK in February 2011, I leave UK only for short-tern holidays.
Given that continuous period is calculated backwards from the date of ILR application, it seems to me that I should be able to include 180 days of my long absence and apply in August 2015. In this case, 5 year consecutive period would be calculated as follows:
August 2015 - August 2014 (30 days absence)
August 2014 - August 2013 (15 days absence)
August 2013 - August 2012 (20 days absence)
August 2012 - August 2011 (20 days absence)
August 2011 - August 2010 (180 days absence)
However, I am not sure whether there are any other things to consider.
Please can you give me advice whether I can apply in August 2015, or it is still better to wait until February 2016 to apply for ILR.

What was your date of entry?

[MMGP]

What was your date of entry?

My first date of entry with this visa (Tier 1 General) was 10 April 2009.

[MMGP]

Can anyone help please ?

[Zee ali]

Hi all,
I would appreciate if someone could help me with the query.
I received my Tier 1 General visa on 1 October 2008, and entered UK with this visa in April 2009.
However, I left UK after about 2 weeks and went back to my country as we had a new born baby.
I was out of UK until 10 February 2011, or about 650 days absence. After I came back to UK in February 2011, I leave UK only for short-tern holidays.
Given that continuous period is calculated backwards from the date of ILR application, it seems to me that I should be able to include 180 days of my long absence and apply in August 2015. In this case, 5 year consecutive period would be calculated as follows:
August 2015 - August 2014 (30 days absence)
August 2014 - August 2013 (15 days absence)
August 2013 - August 2012 (20 days absence)
August 2012 - August 2011 (20 days absence)
August 2011 - August 2010 (180 days absence)
However, I am not sure whether there are any other things to consider.
Please can you give me advice whether I can apply in August 2015, or it is still better to wait until February 2016 to apply for ILR.

What was your date of entry?

why r u counting your dates from august 2010? u first entered on april 2009.

u have a big gap of 650 days. than u entered 2nd time on feb 2011.

u should start counting 5 years from feb 2011 so u will complete 5 years on feb 2016.

[MMGP]

why r u counting your dates from august 2010? u first entered on april 2009.

u have a big gap of 650 days. than u entered 2nd time on feb 2011.

u should start counting 5 years from feb 2011 so u will complete 5 years on feb 2016.

My understanding is that 5 years should be calculated backwards from the date ILR application is submitted. Please see below immigration rules stating the same. Therefore, I am counting backwards from August 2015 - its when I am planning to apply for ILR. Please let me know your thoughts if it would be fine...
____________________
"continuous period of 5 years lawfully in the UK" means, subject to paragraphs 245CD, 245GF and 245HF, residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain....
___________________

[MMGP]

Hi guys, Can anyone help with my query please? Thanks.

[geriatrix]

What if the caseworker asks you for evidence in line with 245AAA(c) and 245CD-SD?
I know ... it seems from the posts in the forum that most of the caseworkers do not bother with 245AAA / 245CD-SD when it comes to ILR application by a Tier 1 (General) migrant, but it is not that all don't.

A recent case posted on the forum.

It is up to you to take the risk now or wait until 2016.

[MMGP]

What if the caseworker asks you for evidence in line with 245AAA(c) and 245CD-SD?
I know ... it seems from the posts in the forum that most of the caseworkers do not bother with 245AAA / 245CD-SD when it comes to ILR application by a Tier 1 (General) migrant, but it is not that all don't.

Thanks very much Sushdmehta!

Just one question. Is there any clear guidance, what "basis of stay" means for Tier 1 (General) applicant in terms of rule 245AAA(c) ? As it is a self-sponsored visa, and the main idea was that people had not been required any prearranged employment, or to be in a continuous employment with some particular company. I believe it was possible to establish own business too rather than seeking an employment.

245AAA(C)
"....any absences from the UK during the five years must have been for a purpose that is consistent with the applicant's basis of stay here, including paid annual leave, or for serious or compelling reasons."

[geriatrix]

"basis of stay", for Tier 1 (General) migrant, means either employment or self-employment.

Do not confuse with "not employed / not self-employed but physically present in UK" with "absent from UK". No one is questioning you now (or questioned you at the time of extension) about the former as long as you meet the income criteria when making an application. Likewise, no one questioned you on the latter when it came to extensions. but the latter is subject to immigration rules when it comes to settlement.

[karpu]

Hi MMGP,

What was your ILR outcome. did you went in Aug 2015 or in 2016.

My case details are below,

5 year calculation.

28 days before 5 years 17 March 2016
5 year calculation backwards,
15 April 2015 14 April 2016
15 April 2014 14 April 2015
15 April 2013 14 April 2014
15 April 2012 14 April 2013
15 April 2011 14 April 2012

Tier 1 General
Granted: 23 April 2010
Valid Till: 23 April 2013

Switch to Tier 2 General in UK (as my wife never worked during her Tier 1 Visa period) Got a job permanent opportunity before leaving UK and switched to Tier 2 General

Granted: 18 April 2013
Valid Till: 23 May 2016
First entry to UK: 11 Sep 2010
Left UK: 25 Sep 2010 re-enter on 1 Oct 2011. (371 days out of UK)

Remaining year’s absence is under 180 days for each year.

My wife was in India from 25th Sep 2010 till 1st Oct 2011 when she was on Tier 1 General - She is the primary applicant and I am her dependent.
So the continuous period broken. Now my question is again “continuous period stars from 1st Oct 2011 or 15 April 2011”. Can we calculate backwards 5 years considering 180 days allowances as she was having valid Tier 1 General visa.

As you are also in same situation. Yours comments are very helpful.

Regards
Karpu

[MMGP]

Hi Karpu,

Yes, I received my ILR and could include part of long absence into my qualification period. I submitted my application using PEO appointment and received ILR a few hours later. No questions were asked.

In terms of the documentation, I submitted evidences such as interview appointments and Job Offer letter evidencing that during my absence I was actually looking for the job. I also prepared the letter explaining circumstances.

Hope it would be helpful.