Is ILR refusal action rule still valid

[Immigrant06]

I saw this rule from someone in this forum:

Is this still valid???

"4. ACTION WHEN ALL REQUIREMENTS EXCEPT CONTINUITY
OF RESIDENCE HAVE BEEN MET
Where a person has spent less than half his time in the United Kingdom he should be refused indefinite leave
to remain and not granted a further extension of stay.
Where an application for settlement is to be refused only because of lack of continuity of residence but is likely
to succeed if re-submitted within a year a suitable extension should be granted on the same conditions as
before with a letter indicating that the case for settlement will be reviewed upon application at the end of the
further period."

[Lucapooka]

You've asked a general question so can only be given a general answer. It's still valid for the immigration category for which that requirement was originally intended (if there are any people who continue to hold that type of leave and might be considering applying for ILR). Not all categories of leave have the same conditions.

[Immigrant06]

You've asked a general question so can only be given a general answer. It's still valid for the immigration category for which that requirement was originally intended (if there are any people who continue to hold that type of leave and might be considering applying for ILR). Not all categories of leave have the same conditions.

Hi Lucapooka

I on HSMP since Nov 2006 and got visa from dec 2006 onwards for two years. Then got an extension for 3 years in 2008 until dec 2011.

Now I am planning to apply for ILR. Is it applicable in this category?

[Lucapooka]

No. In your immigration category the time limit of absence is 180 days rather than 50% of your qualifying residence period.

[Immigrant06]

Hi Lukapooka

Thanks a lot for clarification.

But in my category, if case worker refuses due to lack of continuous residence

1) Shall they advice to apply for extension if they feel that I can apply for settlement in one year or something else?

I was just trying to find possibilities.

[Lucapooka]

I have no idea as you have not given any details about your situation or immigration history. So far, all you have done is to select at random a very old comment from an immigration discussion that does not relate to your type of leave and have asked a question about it's relevance.

[Immigrant06]

Hi my status is as:

1) Got HSMP in nov 2006 and visa from dec 2006 to dec 2008, then got extension as per JR for 3 years up to dec 2011

Now I am planning to apply for ILR but the thing is that I have about 225 absences from UK.

1) I have about 45 days more than allowed. Now I am employee and director of my own company and through out the duration my job was continuous and no break. Am I allowed for the paid annual leaves as I am also director. Now if say 28 PAID annual leaves per annum, then count goes to 83(225-140) which is OK.

2) Should I apply for extension instead of ILR if the above is not possible?

Thanks.

[geriatrix]

Please continue in under one topic.