ILR or extention

[majic]

Hi All,

Please be kind enough to help with my query. Should I apply for Tier-1 General extention or ILR:

HSMP Visa Stamped: 26 May 2008
Arrived in the UK: 29 June 2008
Got Extention Until (Tier-1 General): 26 May 2013

After my arrival to the UK I have been out of UK 3 Times for a total of 7 weeks = 1 Week + 3 Weeks + 3 Weeks

When my current leave expires which is in 18 months from now.

Do I apply for:

a) Another extention to make for 34 Days between visa stamping and arrival into the UK

b) ILR

Thanks

[geriatrix]

See also FAQs for ILR - WP/Tier 1/Tier 2/HSMP holders.

[majic]

sush,

I have seen that. But still be useful if you can elaborate on the two choices:

Do I apply for:

a) Another extention to make for 34 Days between visa stamping and arrival into the UK

b) ILR

Thanks again

[alok_singh]

you can apply for ILR as long as you were outside UK on Paid leave

[majic]

Thanks Alok, Yes all 7 weeks was paid absence.

@sushd (sushdmehta): Do you agree with Alok's answer.

My assessment is same as alok.

[neerajchain]

Hi All,

I am in the same boat as a few others.
I got my Tier 1 VISA stamped on 28th Aug 2008 and and entered UK 1st time on 4th Oct 2011 i.e after 37 days. My VISA was vallid till 28th Aug 2011. I went for 1st extension and my VISA is now valid till 28th Aug 2013.Till now,in the last 3yrs I have travelled to India 4 times but all of them were as per the company policy of 25days a yr which were annual paid leave. Some were carry forward from previous year too.Would like to know regarding below:

1) Does the 5yr clock for ILR start from the day my VISA was stamped i.e 28th Aug 2008 or from the day I entered UK/port of entry date i.e 4th Oct 2008.

2) Also I have been out for 88 days in last 3yrs which were all annual paid leave and some also included public holidays whilst I was in India.
Will these 88days also account towards the calculation of 180days out of UK ILR rule ?

Do kindly advice.

Thanks and Regards,
Neeraj Chainani.

[zahid.ali.anwar]

1) Does the 5yr clock for ILR start from the day my VISA was stamped i.e 28th Aug 2008 or from the day I entered UK/port of entry date i.e 4th Oct 2008.

2) Also I have been out for 88 days in last 3yrs which were all annual paid leave and some also included public holidays whilst I was in India.
Will these 88days also account towards the calculation of 180days out of UK ILR rule ?

1. The ILR clock starts from the date of visa stamp. If you entered UK with in 90 days of the "visa valid from date". Then you are eligible for ILR after 5 years of stay. In your case, these are just 37 days. So you are fine.

2. The rule is no absence more than 90 days in a year and 180 days in 5 years. So you are fine again. Just to upgrade that. 90 days limit is for a single stretch. Meaning no single absence from country should be more than 90 days.

Hope this will help...

[neerajchain]

Thanks Zahid for your reply.
However my question still I feel has not been answered as my query are:

1) Since I entered withing 90days of my VISA stamping date i.e 4th Oct so ideally my clock should start from 4th Oct 2008, I am correct ?

2) I have taken 88days of paid annual leave in the last 3yrs so I beleieve these would not be deducted from the 180days limit which is defined by the UKBA.

Next year sometime April 2012 I am plannin to go for 5 weeks out of UK i.e to India and I would be taking about 2 weeks of unpaid leave will that be fine as ideally I would have taken 15days of unpaid leave from the total 180days limit.

So would like to know would the initial 37days be caluculated for 180days rule of being outside UK as well as the 15days of additional unpaid which I will take will that also be calculated.

Could you advise.

Thanks and Regards,
Neeraj Chainani.