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The scenario you have mentioned is common one and is different to the one as posted by the OP.webhunter wrote:i am sure there must be some exceptions, what about people going back home for a month once in a year. So in that case, after 5 years, they would have actually lived in the UK for only 4 years 7 months, how are these vacations considered?>
olisun wrote:The scenario you have mentioned is common one and is different to the one as posted by the OP.webhunter wrote:i am sure there must be some exceptions, what about people going back home for a month once in a year. So in that case, after 5 years, they would have actually lived in the UK for only 4 years 7 months, how are these vacations considered?>
The rule says one cannot be out of the UK for more than "n" no of days (I think it's 180 days) in the first 5yrs leading to ILR and going for a months holiday / business trips are acceptable.
The OP's question was what if the current VISA runs short of the 5yr (4 yrs 11 month) mark and my understanding is the OP will have to apply for an extension before applying for ILR assuming he satisfies all the requirements for ILR. Because the ILR clock starts from the day one enters the UK and the OP has not completed 4yrs 11months stay in the UK including the holidays / business trips he has made.
T_mahmood suggested that the OP can apply for ILR 6 weeks before the current visa expires. But if you do the calculations, out of the 4yrs 9 months stay (current duration of the validity of the visa) if the OP has to apply 6 weeks (1.5 months) before his current visa expires, that means he will be applying for ILR after 4yrs and 7.5 months stay in the UK and I still fail to understand how can that be possible.
Well that's how the rules are .. otherwise anybody can avail ILR without completing the 5yr (4.11) requirement....simar wrote:olisun wrote:The scenario you have mentioned is common one and is different to the one as posted by the OP.webhunter wrote:i am sure there must be some exceptions, what about people going back home for a month once in a year. So in that case, after 5 years, they would have actually lived in the UK for only 4 years 7 months, how are these vacations considered?>
The rule says one cannot be out of the UK for more than "n" no of days (I think it's 180 days) in the first 5yrs leading to ILR and going for a months holiday / business trips are acceptable.
The OP's question was what if the current VISA runs short of the 5yr (4 yrs 11 month) mark and my understanding is the OP will have to apply for an extension before applying for ILR assuming he satisfies all the requirements for ILR. Because the ILR clock starts from the day one enters the UK and the OP has not completed 4yrs 11months stay in the UK including the holidays / business trips he has made.
T_mahmood suggested that the OP can apply for ILR 6 weeks before the current visa expires. But if you do the calculations, out of the 4yrs 9 months stay (current duration of the validity of the visa) if the OP has to apply 6 weeks (1.5 months) before his current visa expires, that means he will be applying for ILR after 4yrs and 7.5 months stay in the UK and I still fail to understand how can that be possible.
From your explainatoin it seems anyone who did not enter UK on very first day of his/her start of inital visa will fail to meet ILR requirements in 1+4 year cases. I am sure 90% people are such how did not have enter on very first day of start of thier visa in UK. Quite scary situation.