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ILR Eligibility after 6 years on T1G

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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T1G-2010
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ILR Eligibility after 6 years on T1G

Post by T1G-2010 » Sat Feb 27, 2016 1:14 am

Good Morning All
I was eligible to apply for ILR last year May 2015 under Tier 1 General however due to family medical issues I extended my visa in April 2015 along with my dependents. Again, I booked an appointment for ILR on 25/06/2015 which I had to cancel later on due to the same Medical issue.

Now everything is well settled and I would like to apply for ILR this month.
Here is my brief immigration History

• Tier 1 General Granted on: 10/06/2010 till 10/06/2013
• Extension for two years in 2013: Visa granted till 28/06/2015
• Failed to apply for ILR in May/June 2015
• Further extension for three years applied April 2015: 25/05/2018

I am currently trying to understand the definition of the criteria of 'continuous period of 5 years lawfully in the UK,' and would appreciate some information on this.

Did I miss the opportunity in May/June 2015 and now should wait for 10 year rule?

I had no Tax or absence issues.

RRSB2012
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Joined: Sun Aug 05, 2012 1:38 pm

Re: ILR Eligibility after 6 years on T1G

Post by RRSB2012 » Sat Feb 27, 2016 1:36 am

As far as you have no absences exceeding 180 days in any of the last 5 years, you are good to apply anytime now.
Hope this helps.
Cheers
R

T1G-2010
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Re: ILR Eligibility after 6 years on T1G

Post by T1G-2010 » Thu Mar 03, 2016 1:50 am

Thank you very much for your reply . for further clarification i am asking again to justify my absence

should i use or B
A.
Year Qualifying Years
1 June 10, 2010 – June 10, 2011
2 June 11, 2011 – June 10, 2012
3 June 11, 2012 – June 10, 2013
4 June 11, 2013 – June 10, 2014
5 June 11, 2014 – June 10, 2015

or
B:
Assuming i am applying 28 days before on 4 /03/2016.
Year Qualifying Years
1 March 30, 2011 – March 30, 2012
2 March 31, 2012 – March 30, 2013
3 March 31, 2013 – March 30, 2014
4 March 31, 2014 – March 30, 2015
5 March 31, 2015 – March 04, 2016

My initial Tier 1 General Visa was issued back in June 2010 and current expiry is 2018.

RRSB2012
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Joined: Sun Aug 05, 2012 1:38 pm

Re: ILR Eligibility after 6 years on T1G

Post by RRSB2012 » Thu Mar 03, 2016 7:53 am

If I was You, I would do B

T1G-2010
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Re: ILR Eligibility after 6 years on T1G

Post by T1G-2010 » Thu Mar 03, 2016 9:46 am

Any Guru/Senior Members please comment , i don't want to make a mistake and give a reason for refusal .

Please help , I need to submit application tomorrow .

T1G-2010
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Re: ILR Eligibility after 6 years on T1G

Post by T1G-2010 » Thu Mar 03, 2016 9:49 am

Thanks again , for your help Logically thinking Option B is correct ,let some senior comment on it.

Gudwin
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Re: ILR Eligibility after 6 years on T1G

Post by Gudwin » Thu Mar 03, 2016 9:50 am

What's the problem? For ILR you have to live in country for 5 or more years.
You did not have any gaps in your stay.
I had a similar situation and applied for ILR after 5 years expired and I was on my second extension.

RRSB2012
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Re: ILR Eligibility after 6 years on T1G

Post by RRSB2012 » Thu Mar 03, 2016 9:55 am

T1G-2010,

You are welcome. No worries mate, it is always good a have a second opinion preferably from an experienced person.

T1G-2010
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Re: ILR Eligibility after 6 years on T1G

Post by T1G-2010 » Thu Mar 03, 2016 10:06 am

Thanks For your reply , what years did you mentioned whlist justifying your Holidays , the First Five or the Last Five .

Gudwin
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Re: ILR Eligibility after 6 years on T1G

Post by Gudwin » Thu Mar 03, 2016 10:11 am

T1G-2010 wrote:Thanks For your reply , what years did you mentioned whlist justifying your Holidays , the First Five or the Last Five .
I have calculated 5 years from the date of application! It actually helped me to get rid of some longer absences (that was one of the reasons some people extended second time to shift 5 years period!).

T1G-2010
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Re: ILR Eligibility after 6 years on T1G

Post by T1G-2010 » Thu Mar 03, 2016 10:14 am

Gudwin wrote:
T1G-2010 wrote:Thanks For your reply , what years did you mentioned whlist justifying your Holidays , the First Five or the Last Five .
I have calculated 5 years from the date of application! It actually helped me to get rid of some longer absences (that was one of the reasons some people extended second time to shift 5 years period!).
Thanks Gudwin , although i had no long holidays issue but i think option be B is Good .

Gudwin
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Re: ILR Eligibility after 6 years on T1G

Post by Gudwin » Thu Mar 03, 2016 10:26 am

T1G-2010 wrote:Thanks Gudwin , although i had no long holidays issue but i think option be B is Good .
It's the only option, because guidance documents tell you to calculate backwards from the date of application, anyway!

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