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ILR through Tier 1 General 5 years continuous residence

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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manorey
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Posts: 13
Joined: Wed Oct 29, 2014 9:50 am

ILR through Tier 1 General 5 years continuous residence

Post by manorey » Thu Mar 03, 2016 6:00 pm

Hi All,

Just checking that my understanding of my ILR eligibility is correct. would be awesome if someone can confirm.

I have entered UK on Jan 2009 and my visas were as following:

- Student Visa: Jan 2009 - Jan 2010
- PSW: Jan 2010 - May 2011
- Tier 1: 5 May 2011 - 5 May 2013
- Tier 1 (ext): 18 April 2013 - 18 April 2016

So counting 5 years continuous residence on Tier 1:

5/5/2011 - 28days = 7/4/2011 + 5years = 7/4/2016

So this calculations means I can apply for ILR from (and including) 7 April to 18 April 2016.

I'm also assuming my continuous residence is not broken, given I have NOT been outside of UK for more than 180 days in any consecutive 12 month before April 2016 (in fact hardly 170 days in the entire 5 years).

Is this correct? I should be fine right?

Macro_Run
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Posts: 306
Joined: Thu Apr 24, 2014 2:53 pm

Re: ILR through Tier 1 General 5 years continuous residence

Post by Macro_Run » Fri Mar 04, 2016 11:23 am

You will be eligible to apply from 07/04/2016 as you mentioned.
You can apply ILR between that dates. Check rest of other requirements as well.
All the very best.

manorey
Newly Registered
Posts: 13
Joined: Wed Oct 29, 2014 9:50 am

Re: ILR through Tier 1 General 5 years continuous residence

Post by manorey » Sun Mar 06, 2016 11:54 am

Macro_Run wrote:You will be eligible to apply from 07/04/2016 as you mentioned.
You can apply ILR between that dates. Check rest of other requirements as well.
All the very best.
Thanks for your reply!

One little question. on the instructions everywhere they mention that I should count only whole days and I'm writing this on my covering letter listing absences, so want to make sure I get it absolutely correct:

for example, if my flight departed at any time during 21 November and my flight back landed anytime during 23 November, this holiday, counts as 1 whole day. is this correct?

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CR001
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Re: ILR through Tier 1 General 5 years continuous residence

Post by CR001 » Mon Mar 07, 2016 1:27 pm

You don't count the date of departure and the date of arriving back in the UK. You need to list the dates but only count whole days out of the UK, so base don your example, you only count the 22nd as an absence.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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