When can I apply...302 days long continuous absence

[ILR.dot.dot.dot]

Hi,
I am on tier-1 general currenlt and my details are as below:

Entered UK on WP - 16-Mar-08 (Got multiple extentions in WP and Tier-2 category after initial 3 months WP expired)
Change to Tier-1 - 6-May-09 to 6-May-12
Tier-1 Extention - 6-May-12 to 6-May-13

I have stayed in the country for more than 5 years now but I was away for 10 months at a stretch from 13/06/2009 to 12/04/2010 (302 days).
As per the new 180 dayes rule I was hoping that I may qualify if I spread these 302 days in two time periods I am claiming for. I have done the maths and came up with following conclusion:

1) 14-Nov-08 to 13-Nov-09 - 166 Days
2) 14-Nov-09 to 13-Nov-10 - 180 Days
3) 14-Nov-10 to 13-Nov-11 - 28 Days
4) 14-Nov-11 to 13-Nov-12 - 15 Days
5) 14-Nov-12 to 13-Nov-13 - 22 Days

My total holidays are adding up to 411 days but no holiday in a claimed 12 months perios is more than 180 days. If I apply before 14-Nov-13 then the total holidays in second period increases to more than 180 days. If I apply after 28th Nov then my total holidys in period 1 increases to more than 180 days.

I can apply 28 days in advance which means that I can apply on 17th Oct 13.

Could some one confirm that I am corret in my assumptions and 17th Oct to 28th Nov is the correct period for me to apply for?

Note - I have prepared an excel sheet with simple formula to find which period the ILR can be applied for to take advantage of 180 days rule. It can help those with multiple holidays and are trying to find which date will make it less than 180 days in 12 motnths period. There is some finishing work required so I will share it in a shortwhile. It should help others.

Thanks,
ILR.dot.dot.dot

[ILR.dot.dot.dot]

33 views and no reply. Some one please have a look and provide the guidance. I am worried because my holidays are more than 180 days in a year.

Please help.

[seba]

yes

[ILR.dot.dot.dot]

Could any senior member throw their views on it?

Thanks

[shal1981]

As i understand from rules you are good to apply but if some can say something similar have been ILR approved would be ideal confirmation. However these things depend on case by case. You should still collect good reason to why you were out for such long period and show that you are earning good and paying good tax. They want people with good earning to stay here and not someone who become benefit burden on UK government.

[ILR.dot.dot.dot]

If I apply on 17th Oct 13 then can I show the qualifying dates starting from 14-Nov-13 and going backwards for 5 years or it has to be a date before 17th OCt 13?

[ILR.dot.dot.dot]

Could a senior member please comment???