ILR Eligibility

[Tejap]

Hi

We have Tier 1 General since 1st Jan 2011, but we have entered UK on 9th Oct 2011. We have Tier 1 General Visa now, valid until 20th Nov 2017. So, to the extent I understand, we will be eligible to apply for ILR in Oct 2016. We are not sure of the pre-requisites / eligible criteria with regards to English language, as I keep hearing from many that there are recent changes around this. Also, I'm not clear on continuous residence. So, if someone can guide us on these along with any other important things we should know, we will be grateful.

Thanks!

[CR001]

See FAQs English Language for ILR (click). If you do a test, it must be on the approved test/test provider list and must be at level B1.

What is not clear about 'continuous residence'? Can you elaborate on what you need to know?

[Tejap]

Thank you, CR001. I'll go through the link for english language. Regarding continuous residence, what counts as continuous residence? - Is it not more than 180 days out of UK in last one year or not more than 180 days out of UK in the last 5yrs or both?

[CR001]

The absence limit for Tier 1 and Tier 2 is no more than 180 days per 12 month cycle (180 x 5 in total). The 12 months cycle is counted backwards from the date you apply for ILR (so not always calendar years).

[Tejap]

Hi CR001, Thanks for the reply.

My 180days in 12months query is clarified. Thanks for that.

As you dint comment on 5yrs 180days condition, can I assume that HO doesnt check 5yr-180days scenario? We will get the ILR eligibility in next 10months. And so far we are out of UK for 150days in last 4years (out of this around 35days in Oct 2014-2015 period) .. so you mean we can stay outside UK more than 30days in next 10months i.e., till Oct 2016?

Thanks
Teja

[CR001]

The absence limit for Tier 1 and Tier 2 is no more than 180 days per 12 month cycle (180 x 5 in total). The 12 months cycle is counted backwards from the date you apply for ILR (so not always calendar years).

I feel my post was quite clear, its is 180 for each 12 month cycle. HO check ALL your absences for the qualifying period.

[Tejap]

Yes. Now I got it. Many thanks for the quick reply. Have a nice day.

Thanks
Teja

[muraxza]

The absence limit for Tier 1 and Tier 2 is no more than 180 days per 12 month cycle (180 x 5 in total). The 12 months cycle is counted backwards from the date you apply for ILR (so not always calendar years).

I feel my post was quite clear, its is 180 for each 12 month cycle. HO check ALL your absences for the qualifying period.

Hi CR001

from 180 *5 yrs do you mean that somebody can stay 900 days in total out of 5 years?

or

its 180 days total in 5 years but in per 12 months one can be spent 180 days out of uk and rest of the years need to be stay in uk?

[CR001]

from 180 *5 yrs do you mean that somebody can stay 900 days in total out of 5 years?

Yes, but is applicable to PBS migrants applying for ILR based on 5 years residence and they need to submit absence letter/proof. This does not apply to migrants applying for ILR based on 10 years long residence.

No single absence must be more than 180 days as that will break the continuous residence.

[muraxza]

from 180 *5 yrs do you mean that somebody can stay 900 days in total out of 5 years?

Yes, but is applicable to PBS migrants applying for ILR based on 5 years residence and they need to submit absence letter/proof. This does not apply to migrants applying for ILR based on 10 years long residence.

No single absence must be more than 180 days as that will break the continuous residence.

Thanks for reply..

[Tejap]

I found the below text in one of the documents from Gov.uk. I'm confused again. Please see the highlighted text below. I'm reading this as "No more than 180 whole days absence are allowed in any of the five consecutive 12 month periods". Is my understanding correct? Or is this an outdated rule? Please advise.

180 whole days absence
[color=#800000]No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods[/color], depending on the category, preceding the date of the
application for indefinite leave to remain (ILR).

Source: https://www.gov.uk/government/uploads/s ... _clean.pdf

[CR001]

You are allowed no more than 180 per 12 month cycle X for each of the 5 years = 900 days. What you are quoting is exactly what I have said. You are over thinking this.

[Tejap]

Thank you very much for quick reply CR001.