Hi everyone,
I hope you're all keeping safe and well during these times.
I had a question regarding the calculation of the continuous period for the ILR. I have a tier 1 entrepreneur visa that was first issued in July 2017, expired in Nov 2020 then extended to Jan 2023 staring in Jan 2021.
My question is, how would my absence be calculated? I remember seeing in the guidance that if the grant of leave was issued before Jan 2018 then any absence during that period would be calculated using 12 months blocks going back from the date of the application and that any absences under the second grant of leave (the extension) will be calculated using rolling months instead as it was issued after Jan 2018. I went back to check this but could not find it in the official Home Office guidance. Can anyone confirm this?
Another question if the above is indeed true is how would they calculate it if I apply on 1st of September 2022? The 5 years period will be from September 1st 2017 to September 1st 2022.
12 months blocks for the first grant of leave :
01/09/2017-> 01/09/2018
01/09/2018-> 01/09/2019
01/09/2019-> 01/09/2020
Up till here this is clear but then we get into the period where my first grant had expired and I still did not get my extension:
Nov 2020 -> Jan 2021
How will my absences be calculated here (September 2020 to Jan 2021)? Will it be added to absences under the second grant of leave (the extension) and hence counted on rolling months basis?
I am sorry if this is a long post but I need to understand this as it will define whether continuous period was broken or not for me.
I appreciate your help.
Thanks in advance
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