ILR and Time outside UK

[Cool_Dude]

Hi,

I cam to UK in Oct 2005 on Work Holiday Visa.

I am currently on Tier 1 Visa granted on 12th of Nov 2009. I entered UK on a HSMP issued on 12th of Nov 2007. I will be eligible for ILR on 12th of Nov 2012 as my 5 years of stay would have been completed by then.

Now my question is although my visa was issued on 12th Nov 2007 I entered UK on 18th of Jan 2008 (70 days) since there would not be many people hiring at that time - Christmas Period.

After that I was away on holidays here and there for a total period of 70 days in these 3 years. I might go for another couple of holidays in the next 2 years before my 5 year period.

I am making sure that I do not stay more than 180 days in total over a period of 5 years.

Will I have a problem cause I stayed for a continuous period of 70 days initially?

[Markie]

if your visa was granted 12th Nov 2007 and you entered 18 Jan 2008 then your ILR clock started 18 Jan 2008 (2nd one) - as at this date, you were physically present in the UK.

I quote from the gudance notes Set (O) section 5...

If you entered the UK with a visa several weeks or more after the date from which it was valid for use, you may need to apply for an extension of stay to complete the relevant qualifying period.

Regards

Hi,

I am currently on Tier 1 Visa granted on 12th of Nov 2009. I entered UK on a HSMP issued on 12th of Nov 2007. I will be eligible for ILR on 12th of Nov 2012 as my 5 years of stay would have been completed by then.

Now my question is although my visa was issued on 12th Nov 2007 I entered UK on 18th of Jan 2008 (70 days) since there would not be many people hiring at that time - Christmas Period.

After that I was away on holidays here and there for a total period of 70 days in these 3 years. I might go for another couple of holidays in the next 2 years before my 5 year period.

I am making sure that I do not stay more than 180 days in total over a period of 5 years.

Will I have a problem cause I stayed for a continuous period of 70 days initially?

[geriatrix]

As Markie has already mentioned, your ILR clock started on 18Jan08 (when you entered UK) and not 12Nov07 (when your visa was issued).


regards

[Cool_Dude]

As Markie has already mentioned, your ILR clock started on 18Jan08 (when you entered UK) and not 12Nov07 (when your visa was issued).


regards

I understand this but does this still apply even though I was in UK for 2 years before I got HSMP and only went to India to get my passport stamped (Only then I stayed for 70 days)???

[Markie]

Yes...70days is not a short break.

As Markie has already mentioned, your ILR clock started on 18Jan08 (when you entered UK) and not 12Nov07 (when your visa was issued).


regards

I understand this but does this still apply even though I was in UK for 2 years before I got HSMP and only went to India to get my passport stamped (Only then I stayed for 70 days)???

[winber]

Agreed - your ILR clock starts from the date you first entered the country on a visa eligible for ILR (the date the visa was issued is irrelevant).

[dehjet]

check the updated docs, now they allow up to 3 months between your visa granted and your first entry.