When can I apply for my ILR?

[ajithmkumar]

Hi Seniors

Please advice on when I can apply for ILR. I obtained my initial entry clearance on 1-12-2007, but I travelled to UK on 19-02-2008 which is less than 3 months. Below are some of the absences and reasons since I arrived in UK. In all, I have been out of the country for 224 days (including 80 days late initial entry).

01/12/07 19/02/08 80 First Entry Delay
06/07/08 16/09/08 72 Grandparents passed away
01/03/09 15/03/09 14 Marriage
02/04/10 06/04/10 4 Casual Trip
21/10/10 23/11/10 33 Brother Marriage
28/04/11 02/05/11 5 Paris Trip
25/12/11 06/01/12 12 Casual Trip 2
09/03/12 13/03/12 4 Sister Marriage

I have a feeling that I can apply for my ILR in Nov 2012 after reading the below para from ILR guidance doc.

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks
Kumar

[push]

When does your current leave expire?

You should exclude the 80 days from your absence calculations.

[ajithmkumar]

Hi

My current visa is valid till 01-12-2012.

Thanks
Kumar

[ajithmkumar]

Hi push

If I exclude my 80 days, can I apply in the first week of Nov. 2012.

Thanks
Kumar

[push]

Then you should be able to apply no more that 28 days before the expiry of your current leave, provided you meet all other requirements as applicable.

[ajithmkumar]

Thank You Push.