Tier 1 General to ILR / 5 year residence & 180 days rule

[corby]

Hello everyone,

My case is a bit complicated. I am expecting to be able to apply to the ILR next year. I just wanted to consult about my case to you experts, in advance.

- April 2009 - I got the Tier 1 General visa on April 2009
- September 2009 - I entered to the UK on September 2009 (5 months after I got the EC)
- September 2009 - I started to a postgrad (MSc) program (under my Tier 1 General Visa)
- March 2011 – I started to work. (which means I started to work after 18 months I entered to the UK for the first time with my Tier 1 General visa)
- April 2012 – I extended my Tier 1 General visa

I read lots of things from this forum and from UKBA's web site. Also I read "Guidance – ILR – calculating continuous period in the UK – v7.0" (updated on 23 January 2013) several times.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I got really confused.

1. I haven't understood what this 'economically active' means? Does it mean being economically active (working) during 12 months period just before we apply to the ILR (if you are a Tier 1 General holder)? I was a student between Sep. 2009 and March 2011. Is it going to be problem?

2. Some of the members of this forum says it is not necessary to have an employer letter for the absences, if they are less than 180 days in every 12 months period during the 5 year of our stay in the UK (if you are a Tier 1 General holder). Is it true?

3. What about our annual leaves? Should they be calculated in this 180 period or not?

4. Am I going to be able to apply to the ILR if you look my absences realised and expected below?

- 01/08/2014 - 01/08/2013 – ??? (expect to be absent less than 180 days)
- 01/08/2013 – 05.02.2013 - ??? (expect to be absent less than 27 days)
- 05.02.2013 – 01/08/2012 – 152 days absent (business trips - till today)
- 01/08/2012 – 01/08/2011 – 158 days absent (business trips)
- 01/08/2011 – 01/08/2010 – 43 days absent (was a student)
- 01/08/2010 – 01/08/2009 – 33 days absent (was a student)

I know the rules are changing very frequently but I am a little bit scared because I heard about the new rules recently and I go abroad a lot because of my job. That's why I need to be sure what to expect and how to act from now on.

Thanks for your support in advance...

[FingerscrossedforILR]

Hi all

I have a similar question, although my case is much more straight forward.

I am about to apply for ILR from the Tier 1 (General) visa. I have been absent for a total of 190 days over the five years (the longest being 31 days in any single trip).

The previous guidance to calculating the 180 absence specifically stated that absence in line with annual leave did not count towards the 180 days. However, the latest guidance (January 2013) does not mention this. I don't know whether it has been deleted for a reason, but it is now silent on the issue.

So, has anyone tested the 180 day period since the new guidance commenced?

Any help greatly appreciated.

[corby]

I just read this last night. 180 days rule (13th Dec 2012) for ILR is clarified here...

http://www.whatdotheyknow.com/request/1 ... sences_and