ILR due in May 2012- 180 days criteria exceeded

[vishal17jan]

Hi all,

I was wondering if anyone of you can guide me.

I am in Tier 1 (General) and got my 1st HSMP in June 2007 for 2 years and got extension for 3 years of Tier 1 (General) in June 2009 until May 2012.

I am eligible to apply for ILR in May 2012 and satisfy all the points criteria and have passed life in a UK test as well.

I was out of UK for around 270 days in last 5 years and all were vacations and have been in a contract job for last 5 years.


Question 1 - If I apply for for ILR and its gets refused will they give me extension on Tier 1 General or do I need to make a new application and have to pay the fees again and book the appointment again.

OR

Question 2 - Should I apply for extension now and take a change of applying for ILR in May 2012.

Please guide me on this. I would be very thankful for all your suggestions & advise.

Many Thanks
Vishal

[jaskiratbaweja]

Do you have any absence longer than 90 days?

If you can prove that UK has been your primary home and you have been paying all taxes, then there is chance. Did you rent a place throughout and pay council tax?

[adnanjamil]

Dear Vishal,

I am due for ILR in July 2012. I have done enough research on 180 days query. I have been out for 171 days so far.

After my research I found out that 180 days is line drawn by Home Office but they MAY consider applications over 180 days provided the trip is business related or paid annual leave. But no guarantee though. I think it is case by case again.

Have you already passed in Life in UK test? How did you do that? How early can we take this test. Do dependents (Spouse) also have to take this test?

[vishal17jan]

All my trips were personal and 2 trips were longest i.e 70 days in 2008 and 35 days in 2009 to India.

@ jaskiratbaweja - There is no absent more than 90 days and yes I have been renting the place and has been paying rent & council tax while I was away from UK.

@ adnanjamil - You can give Life in a UK test anytime before your ILR. You need to book a test on life in a uk website and buy a book am sure you will crack it.

I think dependents also need to give the test.

Thanks for you advise.

[jaskiratbaweja]

Collect all documentation that proves that you have primarily been based out of UK. Rents and council taxes prove your association.

Do you have any dependent who were in UK while you were away?


Also look at second post in the thread : - http://www.immigrationboards.com/viewtopic.php?t=79378

When are you planning to apply for ILR?

[vishal17jan]

@ jaskiratbaweja - I have no dependents and will be applying for ILR in May 2012.

Also can you advise me if in case ILR gets refused, will be give me extension or I need to apply this separately.

Thanks

[sunil.suneel]

@ jaskiratbaweja - I have no dependents and will be applying for ILR in May 2012.

Also can you advise me if in case ILR gets refused, will be give me extension or I need to apply this separately.

Thanks

ILR application is different to FLR , hence will be treated differently, if rejected, you will have to apply again separately and new fees, provided your leave to remain has still not expired.