ILR - Continuous Period Calculation

[telcoengr]

Hello,

My name is Muhammad Adeel Ahmed and I am seeking immigration advice.

I am currently on the Tier 1 - General Visa which was issued to me for the first time on 25/05/2009.

I entered UK on 01/08/2009 and then left on 17/08/2009. After that I found work in UK and i re-entered on 23/10/2009 (Same year). I opened my company here and was managing very well until I lost the contract in May 2011. I went to US on 01/06/2011 and then returned back on 05/04/2012. Since then I am staying in UK. (without any absence)

When i returned back from US on 05/04/2012, i applied for the extension of my Tier 1 General Visa and at that time the immigration officer have said that next time I should come for Indefinite leave to remain (in 2014).

This year my visa is getting expired on 25/05/2014 and I want to apply for either extension of Tier 1 General or ILR. (indefinite leave to remain).

In my last 5 yrs on Tier 1 - General Visa, I stayed 10 months in US between 2011 & 2012. Do you think I should apply for extension of my Tier-1 General or should I go for ILR ? If I can't apply the ILR then when should I apply for it ? Do I need to complete 5 year period again as I stayed more than 180 days out of UK between 2011 & 2012 ?

If I suppose that I don't qualify for ILR in May 2014 then considering the following chart, will I qualify in October 2014 ?

Start Date End Date Year Absences
07/10/2014 08/10/2013 1 0
07/10/2013 08/10/2012 2 0
07/10/2012 08/10/2011 3 180
07/10/2011 08/10/2010 4 145
07/10/2010 08/10/2009 5 15


Please note that year 3 and year 4 are in continuation and when I returned back from US then i gave the tax in UK for my earnings in USA.

Thanks in advance for your advise.

[dk2011]

Since you had entered UK within 90 days of entry clerance you can base your application on entry clerance date . i.e. 25/05/2009.
Re-calculate your abscences and see if it brings it well down to 180 ?

[telcoengr]

Hi,

Thanks for your reply.

Actually I stayed out of UK more than 180 days during 2011 ad 2012.

I earned in USA and when I returned to UK after 10 months of stay then I declared it to HMRC. I have also paid UK tax on it.

I don't know if my continuous period is now broken as I stayed more than 180 days.

During my stay in USA, i was taking out some dividends from my UK company too.

Any advice ?

Regards,
Adeel

[dk2011]

[quote="dk2011"]Since you had entered UK within 90 days of entry clerance you can base your application on entry clerance date . i.e. 25/05/2009.
Re-calculate your abscences and see if it brings it well down to 180 ?[/quote]

Have you re-calculated your abscences based on the period i had asked for starting from 25/05/2009 ? Is it still exceding 180 days limit ? Please post here contnuous period and abscence days.

[manci]

You'd do well to read the HO guidance, especially p19-22
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Note that the 12 month periods referred to are not calendar years.

[hemant_lakhani]

Can somebody advice and confirm if Mohammed is eligible of ILR due to his continuous absence more than 180 days? It would be helpful to lot of people. I too have similar situation. Please advise. Thanks