ILR Req - first entered UK or your employment started

[tapas_16880]

Hi All,

In the link below:
http://www.immigrationboards.com/viewtopic.php?t=79378

If you look at the 3rd question and answer it says -
for the cases where the visa was initially issued out of the country - "
For second case ILR clock starts from the day when applicant first entered UK on that qualifying visa. E.g. If someone got Tier 1 visa from out of UK on 1st February 2006 and entered the UK for first time on 20th February 2006, then ILR clock starts from 20th February 2006.

But I think that is not true. When I had talked to the advisors and also to UKBA, they clearly said the total 180 days ILR condition and 90 days full stretch out of country absence condition only started once you have started the EMPLOYMENT.

So, lets say, visa issued on 23rd july 2010, the guys came to UK on 24th Nov for interview, went back on 29th Nov to India and finally employment started on 7th Feb2011.

So, can I say -

ILR clock(5 year continuous stay will start from this date) started on 24th Nov 2010 but those two dates (180 days and 90 days) condition started on 7th Feb(date of first employment). So, basically the guy will have to apply for 2nd extension since it has crossed the 3 months gap.

[Lucapooka]

Tier 1 general (and ILR based on this) is not relevant to having employment or being employed; points are earned for income (by whatever means are allowed). Your residence period starts from the time you enter the UK with your Tier 1 visa. Without commenting on the dates you have stated, if you break residence for longer than the prescribed periods, the clock is reset.