contineous period - calculation - please help

[neti]

Hi,

I have been to uk previously 2-3 times, in latest stint of continuation as below : -

1. I entered uk on 3rd Oct 2008 as Work Permit (company sponsored) stayed until 15th May 2009.

2. In Jan 2009 I converted into Tier 1 General visa holder, then I moved out of uk for 8 months period. I moved out in May 2009 and enter in Feb 2010

3. In Feb 2010 I entered in UK again - since then I am contineously in uk exception one trip in UK for 30 days or so...

My querey - come Oct 2013, may I be able to calculate 5 years contineous period as below

1st year :
Oct 2008 to Sept 2009 ==> Absent from UK from May09 to Sept09 - 135 days

2nd year:
Oct 2009 to Sept 2010 ==> Absent from UK from Oct09 to Feb10 - 135 days

3rd year:
Oct 2010 to Sept 2011 ==> Absent from UK from in Jan2011 - 30 days

4th year:
Oct 2011 to Sept 2012 ==> Absent from UK from in Jan 2012 - 35 days

5th year:
Oct 2012 to Sept 2013 ==> Absent from UK in Dec 2012 - 25 days


Point here : 1) I entered UK intially as Work Permit holder in Oct 2008 then I converted to Tier 1 in Jan 2009.
2) I have 8 month contineouls break - i was out of uk, but can this be considered 4 months in first year and 4 months in next year
3) is 4 month outside uk allowed in any single year ?
4) Can I apply for ILR in OCT 2013...


Please please help me, as I need to decide if I should apply for ILR or wait for another 2 years and also spend lot of visa processing fees

Thanks in Advance, Apologies for long email,
Neti

[ram80]

What is your first question?
2. Yes
3. Doubtful, some people have said that continuous period of absence above 90 days will reset the clock. Some have said it might not cause problem. If you apply for ILR in person, I believe you will not be paying fees unless you qualify for ILR. So try this option rather than sending by post.
4. Hopefully yes, it should go without a problem.

[Manka10]

absence of 90 days out of UK at a stretch does not affect ILR application under the new rules

[neti]

Thank you Ram and Manka so much,

First question was is it okay to have 5 year period with 6 months on WP and remaining 4.5 years on Tier1.

Please can you also help me to understand,

1. If i decide to go via In-Person route, will UKBA tell me upfront if my case is valid and if i have required documents ? I thought they just check correct type/version of form is filled and basic docs are present. It is case worker who checks details in the form like continuety break, salary amount etc.

2. What documents I need to submit, if at all ; considering very first and second year (conseqative 12 months counting backwards), I had 4 months break (less than 180). During these 8 months i was not paid any salary in UK but in the country of posting, by same company though.

All subsequent break were on annual leaves with salary deposited in UK bank. so I think those are not counted. For these 8 months continueous out of uk period during 1st and 2nd year of stay (divided equally among them - 4months in 1 year, 4 months in 2nd year, also please note I did not come in uk even for 1 day, it was break for 8 months straight after initial 8 months stay). Is it that NO documents are required as uk-external stay is less than 180 days in year...

Please some senior member or immigration attorney - if they could provide precious advice about my case; i will be very grateful.

Regards,
Neti

[ram80]

This page says work permit & Tier 1 combination is allowed for settlement.

http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

You may need to show proof that you were economically active in UK during the 5 yrs which you can prove with your annual P60s.

About documents that you need to submit for your 8 months leave, you can submit a letter from your company saying that they wanted you to work in India and paid you salary in India. I am not sure if that will be sufficient.