Hello all,
This is my first post in the forum and I'd like to first wish you all a smooth process of migration.
Please let me summarise the key points of my circumstances:
- I hold a Tier 1 (General) Visa.
- My first successful application date is 26 March 2009 under the rules before April 2009.
- I asked for my clearance to begin from August 2009, however Border Office disregarded this and dated my visa from 26 March 2009.
- My first entry date is 30 July 2009.
- I obtained my National Insurance Number by 13 May 2010 and registered as Self-employed by 18 May 2010.
- I have been working as a freelancer and paying income tax since the tax period 2009-2010 to date.
- I made an application for extension on 30 March 2012 and my current visa expires on 31 May 2014.
- I am planning to apply for Indefinite Leave to Remain around mid-May 2014.
Can you please help me clarify whether I meet the criteria to apply for Indefinite Leave to Remain under the Tier 1 route or need to extend once more before I do?
As I understand from the UKBA document "Guidance -ILR- Calculating continuous period in the UK - v11.0", the 5 years period is counted backwards from the date of ILR application, with each year counted in 12 consecutive months.
Furthermore I understand that during these 5 years you cannot be absent for more than 180 whole days per year (12 months period) without a relevant reason.
So in my case the 5 years period would go like this from the intended date of my application:
(YEAR 1) 15 May 2014 - 16 May 2013
(YEAR 2) 15 May 2013 - 16 May 2012
(YEAR 3) 15 May 2012 - 16 May 2011
(YEAR 4) 15 May 2011 - 16 May 2010
(YEAR 5) 15 May 2010 - 16 May 2009
As my first entry date is 30 July 2009 and Border Office disregarded my plans of entering the UK by August 2009 I seem to have lost the period until my first entry.
Therefore, when I add the absence period of 75 days caused by this (16 May 2009-30 July 2009) to the additional 24 days of absence (short holidays) in the same period of 12 months, I reach a total number of 99 days within the YEAR 5 as defined above.
The days of absence in the following four years to date is a mere 62 in total.
As I understand, I am well under the 180 days per year mark and even under a 180 days of absence in total across 5 years even if the immigration officer interprets the guide differently.
Based on these points, I'd like to get your help answering these two questions:
1) Do I fulfil the continuous 5 year period requirement for applying for an ILR down the Tier 1 (General) Route as described above?
2) Do the delays caused by obtaining an NI number and registering as self-employed affect the validity of this period?
Thank you in advance for your help.
Kind regards
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