180 days Rules - Confused Please HELP!

[girish]

Hi Friends,
I know this question has been coming up repeatedly; but would appreciate if you help me

I have 162 days gap(reverse date back from the application form) in a particular year and stayed in UK for all 5 years in Tier-1 visa. The rest of all years in the 5 year period has been pretty much decent.

1. Am i eligible for applying for ILR
2. Has people secured ILR's with these number of days absences
3. I was told by a solicitor that -
"Although the Immigration Rules have changed stating that an individual can have absences of 180 days per year, you will still be required to provide documentary evidence of all your absences. You will also need to demonstrate that the UK was your main base during your absence." - Is it so?
4. Do i need to provide proof for my absence as i was on Tier-1 Visa all the time?
5. Finally is it possible to put a stick for this kind of scenario as this question has been coming up repeatedly

Thanks
Girish

[faisalshah35]

http://www.immigrationboards.com/viewtopic.php?t=128959

[cs95tdg]

3. I was told by a solicitor that -
"Although the Immigration Rules have changed stating that an individual can have absences of 180 days per year, you will still be required to provide documentary evidence of all your absences." - Is it so?
4. Do i need to provide proof for my absence as i was on Tier-1 Visa all the time?

3) This is incorrect.
4) No.
Please see... http://www.immigrationboards.com/viewtopic.php?t=125765
You may find it useful.

[uksettlement]

Hi Friends,
I know this question has been coming up repeatedly; but would appreciate if you help me

I have 162 days gap(reverse date back from the application form) in a particular year and stayed in UK for all 5 years in Tier-1 visa. The rest of all years in the 5 year period has been pretty much decent.

1. Am i eligible for applying for ILR - yes
2. Has people secured ILR's with these number of days absences - yes
3. I was told by a solicitor that -
"Although the Immigration Rules have changed stating that an individual can have absences of 180 days per year, you will still be required to provide documentary evidence of all your absences. You will also need to demonstrate that the UK was your main base during your absence." - Is it so? - no
4. Do i need to provide proof for my absence as i was on Tier-1 Visa all the time? - no proof needed as you are on tier 1
5. Finally is it possible to put a stick for this kind of scenario as this question has been coming up repeatedly - the rules are put up there

Thanks
Girish

[uksettlement]

It seems as per the latest stand by ukba that you need to show evidence regardless of being on tier1 or not!

[cs95tdg]

Yes, just as we come to terms with one set of rules, there are changes... The UKBA certainly know how to keep people on their toes, you need to be checking the rules regularly, to make sure you don't miss changes such as these, if applying in the future.

girish, you may find the following topic useful. http://www.immigrationboards.com/viewtopic.php?t=129207

[girish]

oooh GOD!! UKBA has gone totally mad !!! The new rules are ridiculous....
i would want to fight with them !!!!!!

[uksettlement]

oooh GOD!! UKBA has gone totally mad !!! The new rules are ridiculous....
i would want to fight with them !!!!!!

All the best mate!