Time Required for ILR

[Kam1234]

Dear Experts Can you please help me out in my situation

I came to UK on 7th September 2011 on Tier 2 General visa. I left UK on 7th February 2012 as my job was not extended. My visa expired in March 2012 when I was outside the UK. I was granted job again and came back to UK on 7th May 2012. Since then I am on Tier 2 General visa in UK. My current employer given me Cos for 3 years. Home office granted me visa until September 2017. When I called them, they told me they counted my period from Sep 2011 and then granted me further leave until the total time of six years. On further questioning I was informed that I will be eligible for ILR in August 2016.

My questions are:

Since when my continuous leave to remain in UK will be counted? Will it be from Sep 2011 or May 2012?
When I will be eligible for ILR ? August 2016 (counted from first entry clearance in Sep 2011) or April 2017 ( Counted from second entry clearance in May 2012)?
If I was informed correctly from the border agency that I will be eligible in August 2016 for ILR, where will my three months go that I spent back home outside UK?
Are they going to disregard my absence for three months outside the UK?

Many thanks in anticipation

[geriatrix]

Date of expiry of leave ending in March 2012?
Date of application of new entry clearance on the basis of which you entered UK on 07-May-2012?

If these two dates were within 28 days of each other, then your continuous residence is not broken, and you may be eligible for settlement in August / Sept. 2016.
Else, around April / May 2017.

[Kam1234]

Date of expiry of first entry clearance was 2nd March 2012
Date of second entry clearance was 3rd April 2012

[Kam1234]

Thanks for your reply. Things cleared now

[Kam1234]

Page 29 of 33 Guidance –ILR – calculating continuous period in the UK – v12.0 Published for Home Office staff on 9 April 2015

"If the applicant’s leave expires whilst they are outside the UK and they apply for entry clearance within 28 days, the applicant’s continuous period is not broken. In this circumstance, if they successfully get a new grant of entry clearance, the period spent outside of the UK will count towards the 180 days allowable absence. This includes any time:
 after the expiry of their leave
 while the entry clearance application is under consideration, and
 where they are delayed entering the UK once entry clearance has been granted.
If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, the continuous period is broken and leave is not aggregated".

In my case

My first entry clearance ended on 2nd March 2012.
I got the evidence that I applied for the second entry clearance while out side the UK on 26th March 2012 and visa was granted on 3rd April 2014 (as appeared on my second entry clearance stamp).

Please provide your comments, whether I am qualifying for ILR with respect of my first entry clearance or not. My first entry clearance was granted in August 2011.

Thanks

[geriatrix]

My first entry clearance ended on 2nd March 2012.
I got the evidence that I applied for the second entry clearance while out side the UK on 26th March 2012

Continuous residence is not broken, as the guidance clearly states.

[Kam1234]

Thanks a lot of your reply and comments.