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ILR Reset

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

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tier1extend
Newbie
Posts: 46
Joined: Sun Sep 18, 2011 3:18 pm
India

ILR Reset

Post by tier1extend » Mon Oct 24, 2011 3:42 pm

I saw few posts which mention about the 'ILR reset' if continous residency is broken. But couldnt find any such term in UKBA official documents.

I arrived in UK in sep 2011 ( very late after EC) and also got my tier 1 extended. So effectively my ILR clock started from Sep 2011.
But I need to move out of UK for 4 months and come back around Feb 2012. So I will break my continous stay ( more than 90 days in a single trip). This will push my ILR date to Feb 2017 instead of Sept 2016.
This is ofcourse assuming the current rules stay the same in future If I ever become eligible for ILR :D

I need to know the following

1. Is ILR reset defined in any official ukba documents ?

2. Will the continous stay date- range be considered from Entry date to UK + 5 years OR will it be the most recent previous 5 years from the date of ILR application ie ( ILR application date - 5 years )

3. I know multiple extentsions are allowed as per current rules. Can a visa holder opt for extention and not ILR if he has not met the continous stay requirement. can he then later apply for ILR once he has acheived the 5 yr continous stay.

any personal experience related to this will also help.
Thanks.
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mulderpf
Diamond Member
Posts: 1669
Joined: Sat Oct 16, 2010 8:10 am
Location: London

Post by mulderpf » Mon Oct 24, 2011 5:11 pm

Refer to Calculating continuous period in UK:
No single absence abroad must be for more than
three months at a time and they must not total more than six months.
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geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: ILR Reset

Post by geriatrix » Mon Oct 24, 2011 5:57 pm

tier1extend wrote:2. Will the continous stay date- range be considered from Entry date to UK + 5 years OR will it be the most recent previous 5 years from the date of ILR application ie ( ILR application date - 5 years )
The "qualifying residential period" is the 5 years preceding the settlement application.
tier1extend wrote:3. I know multiple extentsions are allowed as per current rules. Can a visa holder opt for extention and not ILR if he has not met the continous stay requirement. can he then later apply for ILR once he has acheived the 5 yr continous stay.
Under current rules, applying for settlement is a choice, not a compulsion.
Life isn't fair, but you can be!
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tier1extend
Newbie
Posts: 46
Joined: Sun Sep 18, 2011 3:18 pm
India

Post by tier1extend » Mon Oct 24, 2011 7:20 pm

thanks. But I couldnt find this detail on the UKBA site. Any pointers ?
or Do you remember any such member in this forum whose ILR was reset and then he/she could apply for the qualifying stay period was completed again after the reset.
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mulderpf
Diamond Member
Posts: 1669
Joined: Sat Oct 16, 2010 8:10 am
Location: London

Post by mulderpf » Tue Oct 25, 2011 5:55 pm

Refer to the link I posted. It is a home office document.
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tier1extend
Newbie
Posts: 46
Joined: Sun Sep 18, 2011 3:18 pm
India

Post by tier1extend » Tue Oct 25, 2011 7:09 pm

thanks but this official document does not have the detail i was looking for.
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