ILR - 180days per year rule

[kuma1978]

Thanks for your reply mate! Best of Luck for your ILR.

[Chittarout]

Hi chittarout

I have a somewhat similar case like this... My 5 year qualifying period starts on a date when I was out of UK for a few days for a vacation... One of my legal advisors told me that it is not necessary for you to be physically present in the UK at the Start date of your qualifying period... When I left UK for that vacation I had a valid Leave To remain in the UK....So it should be fine....

Thaank for your reply.

When you applying the ILR ? also could you please sharing your legal advisors details.

I'v booked an appointment for 24th Oct.. at Croydon PEO..
I'll PM you the advisor details...

How did it went today ?

[gana]

Can you please update us ? many thanks

You can apply from 28 days before you have spent 5 years in a qualifying category and when your absences are <180 days per 12 month period. If that is now based on what you've wrote, there should be no issues applying before 28-Oct-2013.

Dear Amber, I booked my appointment on 25-Oct-2013. I hope everything will go fine

[spybadshah]

Hi Amber,

I just became aware that 180 days absence within 5 year period has now been changed and 180 days in 12 months. It is great news but I am concerned with the evidence I need to provide for absence from UK during 5 years i.e. Employers letter.

As I am on Tier-1 (general) visa, I have changed few jobs during these 5 years and hence I will find it difficult to get a letter from my ex-employers for details of my absence (Although it has always been paid annual leave). Is there any solution to this?

Is there any other evidence that can be submitted? As my ex-employers will not have details of my absence in first place after few years and secondly I was not having good relation with one of my ex-employer.

I can provide payslip for last 5 years showing full salary and can also arrange bank statements showing the same. I can also provide my employment contracts stating my annual leave allowance. Can these substitute the letter from employer? Also I have not been absent from UK for more than 5 weeks at a time (maximum period).

Has someone faced this issue before? Can you please advise?

Thanks

[kk1020]

Hi guys,
Am having a query regarding my ILR..any clarifications on my issue would be very much appreciated.

Status:Tier 1 (General)
First grant of leave Tier 1 : Apr 1st 2010 (3yrs)
Second grant of leave :Till Apr 1st 2015(2 yrs)
I travelled to India for a holiday on Nov 1st 2010 and came back on March 1st 2011.That makes 118 days of continuous travel leaving the entry and exit days.

Apr 1st 2015 Apr 1st 2014 (Predictive) 0 days of absence
Apr 1st 2014 Apr 1st 2013 0 days of absence
Apr 1st 2013 Apr 1st 2012 0 days of absence
Apr 1st 2012 Apr 1st 2011 0 days of absence
Apr 1st 2011 Apr 1st 2010 118 days of absence(61 days in 2010,59 days in 2011)

My query is am I eligible for ILR in Apr 2015 28 days before my visa expiry or I have to go for another extension for breaking the 90 day continuous travel rule.
Am a new member..plz give me some advice on this issue.
THANKS IN ADVANCE
kk

[spybadshah]

Can someone please respond to my query? I would highly appreciate your advice.

[quote="spybadshah"]Hi Amber,

I just became aware that 180 days absence within 5 year period has now been changed and 180 days in 12 months. It is great news but I am concerned with the evidence I need to provide for absence from UK during 5 years i.e. Employers letter.

As I am on Tier-1 (general) visa, I have changed few jobs during these 5 years and hence I will find it difficult to get a letter from my ex-employers for details of my absence (Although it has always been paid annual leave). Is there any solution to this?

Is there any other evidence that can be submitted? As my ex-employers will not have details of my absence in first place after few years and secondly I was not having good relation with one of my ex-employer.

I can provide payslip for last 5 years showing full salary and can also arrange bank statements showing the same. I can also provide my employment contracts stating my annual leave allowance. Can these substitute the letter from employer? Also I have not been absent from UK for more than 5 weeks at a time (maximum period).

Has someone faced this issue before? Can you please advise?

Thanks[/quote]

[rudra2varma]

Hi All,

My ILR has been granted. 180 days of absence cal fall at the start of the 5 year period as long as you are in UK before absence with valid leave.

Regards

[UKBALoveStory]

Hi All,

My ILR has been granted. 180 days of absence cal fall at the start of the 5 year period as long as you are in UK before absence with valid leave.

Regards

Hi rudra2varma,

Can you kindly see my query here and provide your thoughts.

Thanks

[Su51]

Dear gurus,

Please shed some advice to my problem. I'm on Tier 1 General (migrant) visa, first issued on 03 Mar 2009, then subsequently got extended on 03 Mar 2012. I'm due for an ILR on or after 03 Mar 2014. I came to UK on 15 Mar 2009.

My absence from UK in the past 5 years is as follows.

04 Mar 2009 - 03 Mar 2010 18 (Annual leave) + 14 (late coming) = 32
04 Mar 2010 - 03 Mar 2011 82 (Work related) +122 (Maternity) = 204
04 Mar 2011 - 03 Mar 2012 93 (Maternity) = 93
04 Mar 2012 - 03 Mar 2013 115 (work related) = 10 (annual leave)=125
04 Mar 2013 - 03 Mar 2014 18 (annual leave) = 18

My question is can I get ILR visa or do I need to go for another extension? If so , what support evidence documents do I need to produce? Working for the same company since 2009.

Please give me suggestions, it would be a great help.

Thanks in advance