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More than 180 days............ILR...Please advise me........

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Shankar1976
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Posts: 4
Joined: Tue Apr 26, 2011 3:50 pm
Location: Leicester
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More than 180 days............ILR...Please advise me........

Post by Shankar1976 » Sun Dec 25, 2011 8:50 pm

Dear Friends and senior members,

Wish you a happy Christmas and New Year 2012.

I really need your valuable advice, opinions and please feel free to share your experience as well.

Please accept my apologies for my queue of questions..

Here is my story………….I was in

Work permit (August 2006 to Feb 2007 then extended till August 2007 but switched to HSMP in April 2007),
HSMP (April 2007 to April 2009)
Tier 1 General (April 2009 till April 2012)

As you can see, if you calculate everything I am already eligible for
ILR since August 2011. I have postponed it because of my family to
return back to UK.

But When I was calculating my days out of the country it is 194 days which I didn't expect. I have searched extensively but still definitive answer is elusive………

My questions are………………I am not coming under HSMP JR……

1) I have looked in the stamps on my passport and I didn’t include the day I was out and I was in to UK (Day of stamping in abroad and UK)….. Is this a right way to calculate?

2) I have attended conferences in USA, Ireland, USMLE (medical licensing exam for USA) and Trauma Training course in USA- total of 14 Day..Can this be deducted?

3) I have taken 2 paternity leaves which are of 28 Days, Can this be deducted?

4) When have been for holiday to India, I was sick, got admitted and underwent surgery; this episode is of 20 days for which I have proof from the hospital/ a surgeon; can this be deducted as well?

5) If I apply for ILR in January 2012, does that mean my 5 years starts from January 2007? If yes can I deduct these days in 2006? If yes then it will be 181 days
I have seen other people shared their experience in the web even who’s business involve 75 days of travel per year and got ILR without any hassle?

6) Can I apply for ILR alone without my dependents although they are in UK? - which can save money….If they ILR has been granted, Can I change my dependents to ILR………


7) Is it legal to apply alone without dependents?


If they reject it I can extend my Tier 1 Visa for next 3 years then apply for ILR in future.

8) Other option would be to extend tier 1 visa and apply for ILR when the 180 day limit has crossed….

Since 2006 I have been employed continuously without any gaps and I have all salary slips and P60 forms as a proof. I have never stayed more than 90 days continuously at any single episode.

These are my days in each year........

2006
Paid annual leave----------------10 Days
Trauma Training course in USA------------- 4 Days


2007
Paid annual leave---------------- 11 Days

2008
Paid annual leave----------------- 13 Days
Sick leave and had surgery------ 20 Days
Visit to Swiss (Paid annual leave) 4 Days
US Exams--------------------------- 2 Days

2009:
Paid annual leave------------------28 days
Conference in USA------------------3 Days (Got a certificate of attendance)
Paternity leave---------------------14 days (Can get a leave form for this)
USA Exams--------------------------2 days

2010:
Paid annual leave------------------ 20 Days
Paid annual leave------------------ 14 Days
US Exams--------------------------- 6 days

2011:
Conference in Ireland------------- 1 Day
Paid annual leave----------------- 15 Days
Compassionate ground----------- 11Day
(Father had Road traffic accident and can certificate from Hospital
Paternity Leave------------------- 14 Days

Total 195 Days (If I include days in 2006)

If not it will be 181 days
Study leave/conferences 14 Days

Final 181 days (which includes compassionate leave)

Please feel free to share your views and experience…..
I have also asked for SAR (subject access Request) from home office to check my immigration dates.
9) Any role for immigration lawyer in my case? How much do they charge? Any advise………….

Thanks in advance…Have a good day.

Shankar Rajan

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