Feedback on complicated continuous stay calculation for ILR

[me786]

Hello,

I am a Tier 1 Gen holder and would like to confirm my calculation of 5 years of continuous stay to figure out the earliest date I will be eligible to apply for ILR. My brief immigration history is as below:

10-09-2010 - Tier 1 Gen granted
21-10-2010 - Uk Entry
06-12-2010 to 03-02-2011 - Out of UK
04-02-2011 - Uk Re-entry
26-02-2011 - Out of UK
01-05-2012 - UK Re-entry

I was not paying taxes or had any employment or held any property or owned any ltd company in UK during the period 26-02-2011 to 01-05-2012. This period outside UK was due to personal reasons and I dont think I can support this with any official documentation ( any suggestions welcome).

Since coming back to UK on 1st May 2012, I have been in regular employment and my absences from that date onwards for any year is well below 180 days. I am also able to support my absences from this date onwards with documents related to employment and income tax payment in UK. If I do a simple calculation then I should be eligible to apply for ILR 28 days earlier than 30th April 2017 i.e. 4th April 2017 onwards.

But if I start to count back from an example date say 15-Nov-2016 as below :

Year 1 - 15-Nov-2016 to 16-Nov-2015 - Absences Under 180 days
Year 2 - 15-Nov-2015 to 16-Nov-2014 - Absences Under 180 days
Year 3 - 15-Nov-2014 to 16-Nov-2013 - Absences Under 180 days
Year 4 - 15-Nov-2013 to 16-Nov-2012 - Absences Under 180 days
Year 5 - 15-Nov-2012 to 16-Nov-2011 - Re-entered on 01-05-2012 So Absence is under 180 days.

Is my assumption for Year 5 above is correct that it can be counted towards continuous stay ? Am I able to use previous months for the Year 5 period even though i re-entered later in May 2012? If yes then will I be able to sufficiently justify the ILR application through a letter describing my personal situation ?

I will greatly appreciate if someone can share their opinion or experience of dealing with similar situation during their ILR application. I understand that it is just a matter of a few months however would like to get the ILR out of the way at the earliest.

TIA.

[geriatrix]

26-02-2011 - Out of UK
01-05-2012 - UK Re-entry

....

Am I able to use previous months for the Year 5 period even though i re-entered later in May 2012?

No.

[naveediiqbal]

Hello,

This period outside UK was due to personal reasons and I dont think I can support this with any official documentation ( any suggestions welcome).

Hi,

I don't think absence without providing details will be allowed for ILR purposes.

Allowable absences
Absences must be for a reason consistent with the original purpose of entry to the UK or for a serious or compelling reason in the following categories:
 work permit holder
 representative of an overseas newspaper, news agency or broadcasting organisation
 representative of an overseas business
 employee of overseas governments (except those exempt from control) or the United Nations (UN) or other international organisation of which the UK is a member
 minister of religion, missionary or member of a religious order
 airport-based operational staff of overseas-owned airlines.
private servants in diplomatic households
 domestic workers in private households
 person established in business under a European Community (EC) Association Agreement.

In the categories below, absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling reasons:
 UK ancestry
 business person
 investor
 innovator
 writer, composer, or artist
 retired person of independent means
 highly skilled migrant programme (not applying under the HSMP Forum judicial review).
The applicant must provide evidence as explained below.
For the Tier 1 (Investor), Tier 1 (Entrepreneur), Tier 1 (Exceptional talent) and highly skilled migrant (applying under the HSMP Forum judicial review) categories there is no requirement to give a reason for absences if they do not exceed 180 days in any of the five, four, three or two consecutive 12 month periods of the continuous period, depending on the category.

Interim caseworker action – missing evidence
If an applicant is required to provide specified documents from their employer explaining their absences and fails to do this, and the absences do not exceed 30 working days plus statutory public holidays per annum (for example, such absences are likely to be consistent with paid annual leave), you can choose, having regard to all the circumstances of the case, to consider the application without this documentation.