28 Days before ILR rule

[rk050776]

Dear Friends,

I am looking for some advise on applying ILR 28 days before, hope you experts can answer me.

I got my Tier 1 done on 15-12-2010, however due to personal issues I came to UK on 11-08-2011 which is 8 months late from the date of approval. I am eligible for ILR from 11-08-2016. As I came 8 months late am I still eligible to apply ILR 28 days before?

Thanks
RK

[vinny]

Yes. From Thursday, 14 July 2016.

[rk050776]

Dear Experts,

Please can anyone answer my query please.........

[CR001]

Yes. From Thursday, 14 July 2016.

Anything particular in vinny's response and links that you did not understand. It answers your question doesn't it??

[rk050776]

Thanks Vinny for your answer. My only worry is I have my Tier 1 visa until January 2018. As my visa is valid for another 1.5 years, do they still allow me to apply 28 days before?

I already have 175 days absences and another 30 days scheduled by end of July which will make my absences beyond 180 in 5 years if I apply after August. Please advise.

[Sheffield_Marketeer]

The point is Vinny has mentioned the date on which you are eligible to make an application.

You say that applying before August would mean you would have 180 days' absences. Then you could apply after August and anytime before the expiry of your present visa which is January 2018.

What then is your query please?

[rk050776]

My Query is as follws:

1. As I have valid T1 General until Jan 2018, does the home office still allow me to use 28 days relief and apply the ILR on 15th July?

2. If I apply for ILR in September after my 30 days vacation, but my absences will cross more than 200 in 5 years. Is it still to show more than 200 absences. My initial Tier 1 was granted on 15-12-2010 and the rule was to have only 180 days absences in 5 years.


My target is to get ILR before my vacation in July end. I request you to advise me.

[Sheffield_Marketeer]

ILR application is based on the 5th anniversary minus 28 days of your ILR eligibiliy stamping. In your case it is 15-12-2010. However you made a late entry into the UK, which was 11-08-2011. With that date in mind Vinny has given you your eligibility date as Thursday, 14 July 2016. Fine until now.

However your complication comes from the fact that you have already 175 absences until today.
You are the best person to answer how many days' absences you have.

Found this from somewhere that gives you an idea on how to calculate absences.
The continuous period is counted backwards from the date of application for ILR. For example, if your application date is 11 November 2015:

Year 1 is 11 November 2015 to 12 November 2014
Year 2 is 11 November 2014 to 12 November 2013
Year 3 is 11 November 2013 to 12 November 2012
Year 4 is 11 November 2012 to 12 November 2011
Year 5 is 11 November 2011 to 12 November 2010

Typically, if your absences within any 12 consecutive month period of the 5 year continuous period do not exceed 180 days, you will not have broken the continuous period for ILR. You must provide evidence of all absences.
As long as you are within 180 days' in one qualifying 2 month period, you are ok to apply in July.

[rk050776]

Hi Sheffield_Marketeer,

Thanks for your detailed explanation. My absences are 175 in total 5 years and the longest duration I was out of UK was 35 days. I am planning to make my application on 15th July. So it should be

Year 1 is 15 July 2016 to 16 July 2015
Year 2 is 15 July 2015 to 16 July 2014
Year 3 is 15 July 2014 to 16 July 2013
Year 4 is 15 July 2013 to 16 July 2012
Year 5 is 15 July 2012 to 16 July 2011

By any chance if case worker refuses to accept the application before 28 days, will I loose my complete fee?

[Sheffield_Marketeer]

You should be fine.

As long as you are counting your anniversary date from date of arrival you will be ok. Try not to book your appointment exactly 28 days back, maybe relax it a bit to 25 days just so case worker finds it easy and simple.