ILR Absences Period

[middletier 1]

Please can somebody suggest me about the ILR periods and reasons for absences looks fine or not?
Seniors please advise me and really appreciate your efforts and time

[cs95tdg]

The only thing I'm worried is that I am out of the country on the date of my 5 year residential qualifying period began i.e Apr'11. I have gone through the rules and nowhere it indicates that the applicant would be ineligible for ILR due to this. So based on this I can apply for ILR in Apr'16 right?

I'm afraid I can only reiterate what I said before, but cannot give you a definitive answer.

I haven't seen anything in the rules that indicate you would be ineligible for ILR purely based on the fact that you were out if the country on the date your 5 year residential qualifying period began.

Most cases I've seen on this form have been where absences are either in the middle or towards the end of the residential qualifying period, so not quite the same as your circumstances. Do search this forum yourself as well to see if you can find others who may have been in a similar situation to you.

If you are very concerned the alternative option is to wait until that absence is no longer part of your residential qualifying period (you would however have to have sufficient leave on your current visa, to consider this). At the beginning of this thread you mentioned that you spoke to a immigration advisor; that would be the other alternative that I can suggest to get a clear answer to this question.

[middletier 1]

Many thanks for your replies.
I did thorough check in the forum but my case looks bit different due to my absences in the ILR start period. I will ask the advisor and explore more information on this, meanwhile I request the forum gurus and seniors can suggest on my issue please, really appreciate all your efforts.
Thanks

[middletier 1]

Hi,

I am planning to apply for ILR in Feb'16 as I am going to complete by 5 years continuous period.
Please find my absences as below:
from ------ to ------ no of days out of UK
21/03/2016------22/03/2015-------0-----Year 1
21/03/2015------22/03/2014------30-----Year 2
21/03/2014------22/03/2013------20----Year 3
21/03/2013------22/03/2012------24----Year 4
21/03/2012------22/03/2011------148 ---- Year 5
"Guidance –ILR – calculating continuous period in the UK – v12.0 page #20 states that the Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period", therefore I can submit my ILR application form on 23/02/16 (i.e 28 days before 21/03/16), then I need to show my ILR absences as below

23/02/2016 ----- 24/02/2015---- 0
23/02/2015 ----- 24/02/2014---- 30
23/02/2014 ---- 24/02/2013----- 20
23/02/2013 ---- 24/02/2012----- 24
23/02/2012--------24/02/2011------174 , now my question is do I need to show my ILR absences for the year 5 as 174 days out of UK or can I show absences as 148 days only as stated above.
I am bit confused please clarify me on this.
Thanks a lot for your time and suggestions
Regards

[middletier 1]

Respected forum members,
I know all of you sparing your valuable time to reply in this forum. I request the members/seniors, could you please reply to my queries
Thanks

[geriatrix]

Every calculation you do (earnings, absences, etc.) is with reference to the "date of application".

So decide whether you wish to apply on 23-Mar or 23-Feb or any other date that you wish to, and do all your calculations taking that date into consideration.

[middletier 1]

Hi Sushdmehta,
Thanks for your reply, and i agree with the start date calculation. However i am not clear of this sentence on “Guidance –ILR – calculating continuous period in the UK – v12.0” ‘states that The applicant may not have had leave in a qualifying route for up to 28 days at the start of Year 5 (in this example, between 11 November 2010 and 29 November 2010). This is acceptable’
Therefore can i exempt the 28 days in the year 5 (in my case between 23 February 2011 and 22 March 2011) and thereby state that my absences are 148 days only.
This where i am confused, could you please clarify me.
Thanks a lot

[geriatrix]

You are confused because you are misinterpreting the meaning of "leave" in the text you quote.

The text you have quoted refers to "an applicant not having leave for up to 28 days in the beginning of the qualifying period".
Here, "leave" doesn't mean "absence" but leave to enter or leave to remain in the UK (in layman terms - a visa)!!

You had "leave" (visa) but you were "absent" from UK (perhaps on leave).

So, two mutually exclusive scenarios!! Hence quoted text is irrelevant and you cannot claim to have less absences than what is true!

[middletier 1]

Hi Sushdmehta,
thanks again for the clarification.
actually I called to the homeoffice today @ 0300 123 2241 and they told me that the 28 days can be exempted and no need to count and they said its similar to the 90days rule which you don't consider when you enter before 90 days of your fist entry, thus similarly they said no need to consider the 28 days. but I asked them your “Guidance –ILR – calculating continuous period in the UK – v12.0” states that we need to count from the date of application but he said I can still count from march only and state that I am applying 28 days in advance then the immigration officer will know and they don't count those 28 days as well, but I am not convinced then asked him about the email so that I have something in writing but he said they don't have email address they answer only through phone.
please advise me on this please
thanks

[middletier 1]

Hi All,
I am planning to apply for ILR in Feb'16 and I got my Tier 1 G visa in Nov'09 and I entered the UK in Jan'10. My absences are outlined as below;
Year 1 = 24/02/2016 ----- 25/02/2015---- 24 (days outside UK)
Year 2 = 24/02/2015 ----- 25/02/2014---- 30 (days outside UK)
Year 3 = 24/02/2014 ---- 25/02/2013----- 20 (days outside UK)
Year 4 = 24/02/2013 ---- 25/02/2012----- 24 (days outside UK)
Year 5 = 24/02/2012----- 25/02/2011------175 (days outside UK) Note 1
Note 1 = I am completing my 5 years period on 20/03/2016 and as I can apply 28 days prior thus I am planning to apply on 24/02/16. I would like to make a note in the absences letter that the actual absence for Year 5 was 149 days only, however its raised to 175 due to applying 28 days prior.
I have the emails , interview and offer letter evidences for this absences to show that I was economically active in UK.

I request all the forum members please advise me if I missing something here? or my approach seems reasonable.
Thanks

[RRSB2012]

what were you doing back home, when you were out of UK for that long time?

[middletier 1]

during this absence, I was actively looked for UK contracting jobs and got evidences of emails for telephonic interviews and eventually got an offer.

[RRSB2012]

In my opinion .... if you have the evidence to prove that you were actively looking for work in UK during that time, then you should be good to apply earlier. It doesn't matter that on the specific 'start date' you were travelling.