Request for advice on ILR Eligibility

[Yash001]

Hi

[rshelar]

point 3 and 4 is where there is no clarity on the rules.

There will be many people in that category as previous rules did not have any such condition.

If the UKBA starts refusing people on that basis, the lawyers will be making a lot of money.

[sss123sss]

On a compelling reason I think that they will consider your 165 days holiday and exclude these days from your ILR calculation if you produce medical certificate.

I am also in the situation. message me your email Id on PM

[humanvoid]

Please watch this thread for any updates regarding point 3 and 4. IMHO if you had been employed during your holidays, you should be fine.

http://www.immigrationboards.com/viewtopic.php?t=120855

[wpilr_nov12]

On what basis do you think your 5 year count begins from 14 July 2008? Since you were already out of UK on that day, and you further extended 'away' days to Dec 2008. So either it is a continual 'away' from April 2008 to Dec 2008, or delayed entry in Dec 2008.

Very tricky, would want to hear from experts (which I am not).

[Yash001]

I think we are OK on unpaid leave...if you refer to point 1 in following details on page 15 of ilr-calculating-continuous.pdf, you can see lawful leave during absences.
------------------------------------------------------------------------------
This page tells you about the continuation of lawful leave during absences from the UK.
The continuous period is maintained if:
1. the applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
2.the applicant’s leave expires for 28 days or less whilst outside the UK and the applicant returns with fresh entry clearance.
------------------------------------------------------------------------------

[humanvoid]

I think we are OK on unpaid leave...if you refer to point 1 in following details on page 15 of ilr-calculating-continuous.pdf, you can see lawful leave during absences.
------------------------------------------------------------------------------
This page tells you about the continuation of lawful leave during absences from the UK.
The continuous period is maintained if:
1. the applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
2.the applicant’s leave expires for 28 days or less whilst outside the UK and the applicant returns with fresh entry clearance.
------------------------------------------------------------------------------

This is different, it talks about lawful side of things meaning you can not leave/entry UK illegally, details for absences are on page 11.