settlement

[shanker]

HI,

I am elgible for settlement, if i calculate in the past say feb 2013 to feb 2008(backwards), but if i calculate from today i am not eligible , meaning i could not satisfy period of 5 year continuity.

Can i apply for settlment with the old date range(2008 feb to 2013 feb)

Regards

[VickyImmy]

Where you have been from FEB 2013? What is your VISA status today?

[shanker]

I was outside UK, but visa valid

[VickyImmy]

You need to be more specific.
Which VISA you are in currently? Where are you right now? If you are outside UK did you leave in Feb 2013? How long is your VISA valid?

[shanker]

i am on tier2, inside uk,valid for 1 y

[VickyImmy]

If you have not spent more than 180 days (at a stretch) outside UK in the last 5 years, you can apply very well!

[manci]

I need a urgent clarifiction, pl advice AAP

1. came to uk in jan 2008 and had break from aug 2008 to march 2009 and another break from apr 24 th 2009 to 5th july 2009 a nd after that staying here continuously.

I am assuming the continuous period is not broken becoz of 210 days gap(from aug 2008 to 24th mar 2009) since they fall in 2 different year period and hence my absence is less then 180 days in each year, even though the total absence is 210 days

As per website the continuous period is calculated backwards , if i calculate from backwards say from today,then i am losing my eligibility for ilr, where as if i calculate from jan 2008 and then iam elgible.

May i take a risk and apply for the ILR, pl advice

the 180 max absence refers to each of the one year periods calculated backwards from the time of the ILR application. It does not refer to calendar years. You should time your application in such a way that the 210 day absence from [26] Aug 2008 to March 2009 is broken up.

For example, if you applied on 5 July 2013 the 5 year periods and absences in each period would be:

period 1: 5 July 2013 - 5 July 2012 absence: nil
period 2: 5 July 2012 - 5 July 2011 absence: nil
period 3: 5 July 2011 - 5 July 2010 absence: nil
period 4: 5 July 2010 - 5 July 2009 absence: nil
period 5: 5 July 2009 - 5 July 2008 absence: 210 +72 days = 282 days

but if you applied on, say, 15 December 2013:

period 1: 15 Dec 2013 - 15 Dec 2012 absence: nil
period 2: 15 Dec 2012 - 15 Dec 2011 absence: nil
period 3: 15 Dec2011 - 15 Dec 2010 absence: nil
period 4: 15 Dec 2010 - 15 Dec 2009 absence: nil
period 5: 15 Dec 2009 - 15 Dec 2008 absence: 99 + 72 = 171 days

It seems that you will not be eligible to apply before early December 2013.

Remember also that the absences must be connected to your employment or be for compassionate reasons.

[shanker]

Thanks Manci,

My start date is jan 5th 2008, so i taking jan to dec for calculations.

What it looks like is, if i had applied in jan/feb/mar 2013 i was elgible for ILR, but now i am not elgible, if i count from backwards.

How can this be accepted, if iam elgible in jan 2013, but not in july 2013, even though i am staying in uk continously from jan 2013 till date.

Is this a drawback of counting days backward, your views on it