Requirement of Continuous residence period of 5 years

[prashanth.mamidi]

I am on Tier1 [General] working as permanent employee, I am due to apply ILR.

Would like to know the requirement for continuous stay of 5 years.

In UK BA it states that " During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months."

This means, for every year there's a limit of max. of 180 days outside the UK or for entire 5 year period the total shouldn't cross 180 days outside the UK.

For one of the year I am outside the UK for 162 days, whereas other years I am under 30 days.
But If I add all these together it will more than 180 days.

Please suggest.

[newbie_2013]

I am on Tier1 [General] working as permanent employee, I am due to apply ILR.

Would like to know the requirement for continuous stay of 5 years.

In UK BA it states that " During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months."

This means, for every year there's a limit of max. of 180 days outside the UK or for entire 5 year period the total shouldn't cross 180 days outside the UK.

For one of the year I am outside the UK for 162 days, whereas other years I am under 30 days.
But If I add all these together it will more than 180 days.

Please suggest.

Well the statement is self explanatory. you cannot be outside the UK for more than 180 days in any 12 consecutive months. So in 5 years there are five x 12 consecutive months

you are allowed 180 days absence per year.

note: you need to count your absences backwards from the date you apply for ILR.

[rsrameshsunil]

I am on Tier1 [General] working as permanent employee, I am due to apply ILR.

Would like to know the requirement for continuous stay of 5 years.

In UK BA it states that " During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months."

This means, for every year there's a limit of max. of 180 days outside the UK or for entire 5 year period the total shouldn't cross 180 days outside the UK.

For one of the year I am outside the UK for 162 days, whereas other years I am under 30 days.
But If I add all these together it will more than 180 days.

Please suggest.

You cannot count it as year one and year two. The rule says about any 12 consecutive months. So the calculation is a bit different than you are assuming. for example, if you were out for 162 days until december and then another 30days in february next year. You are in trouble and you cannot claim settlement.

If you could give me the dates you were away from the country for all five years, I can give you better answer.

[hardikshah13]

Hi,

I have very similar query on this, Please find below detail of my visa approve dates. Visa: Tier 1 general (3+2)

First visa approved: 05/01/2009 (came to this country on 13/03/20009)
Extension of visa : 05/01/2012 till 05/01/2014

Hence I came to this country after 68 days of my first visa approval, Will I able to apply for ILR before 28 days from (05/01/2014) my current visa expires? or I have to apply for extension again just to cover these 68 days gap.

Thanks in advance for any/all help.

[prashanth.mamidi]

I am planning to apply ILR 05-Nov-2014

Here's my absence details, if I apply on 05-Nov-2014
05-Nov-13 to 04-Nov-14 -> 18d
05-Nov-12 to 04-Nov-13 -> 30d
05-Nov-11 to 04-Nov-12 -> 30d
05-Nov-10 to 04-Nov-11 -> 13d
05-Nov-09 to 04-Nov-10 -> 163d
05-Nov-08 to 04-Nov-09 -> 16d

Please let us know will there be any problem while applying ILR.

I am on Tier1 [General] working as permanent employee, I am due to apply ILR.

Would like to know the requirement for continuous stay of 5 years.

In UK BA it states that " During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months."

This means, for every year there's a limit of max. of 180 days outside the UK or for entire 5 year period the total shouldn't cross 180 days outside the UK.

For one of the year I am outside the UK for 162 days, whereas other years I am under 30 days.
But If I add all these together it will more than 180 days.

Please suggest.

You cannot count it as year one and year two. The rule says about any 12 consecutive months. So the calculation is a bit different than you are assuming. for example, if you were out for 162 days until december and then another 30days in february next year. You are in trouble and you cannot claim settlement.

If you could give me the dates you were away from the country for all five years, I can give you better answer.

[ca4nul]

Hi,

I have very similar query on this, Please find below detail of my visa approve dates. Visa: Tier 1 general (3+2)

First visa approved: 05/01/2009 (came to this country on 13/03/20009)
Extension of visa : 05/01/2012 till 05/01/2014

Hence I came to this country after 68 days of my first visa approval, Will I able to apply for ILR before 28 days from (05/01/2014) my current visa expires? or I have to apply for extension again just to cover these 68 days gap.

Thanks in advance for any/all help.

Hi hardikshah13

My situation is very similar to yours. Can you please update me about your case. You start qualifying period from 05-01-2009??

[CR001]

Hi,

I have very similar query on this, Please find below detail of my visa approve dates. Visa: Tier 1 general (3+2)

First visa approved: 05/01/2009 (came to this country on 13/03/20009)
Extension of visa : 05/01/2012 till 05/01/2014

Hence I came to this country after 68 days of my first visa approval, Will I able to apply for ILR before 28 days from (05/01/2014) my current visa expires? or I have to apply for extension again just to cover these 68 days gap.

Thanks in advance for any/all help.

Hi hardikshah13

My situation is very similar to yours. Can you please update me about your case. You start qualifying period from 05-01-2009??

Why are you digging up 3 year old threads. There have been changes since 2013. Are you not able to create your own topic rather than tagging onto other constantly??