ILR : 180 Days Confusion

[vineetnangia]

Hi

I Need information if I am eligible for ILR in 23-Jul-2015

I came in UK under Tier-1 in 25-Aug 2010, left UK in 01-Nov-2010 and return in 12-April-2011 (6 months leave (161 + 10 days)) since then living in UK.

First Tier-1 (General) Visa starts at 24 Jul-2010. My second extension expires in JUL-2015 (2+3).

Under April 2013 changes I have following breakdown if I apply before 23 Jul-2015.

25 AUG-2014 - 25-AUG-2015 --> Unforeseen (But no break)
25 AUG-2013 - 25-AUG-2014 --> 21 days absence (Future Approved Leaves from Employer )
25 AUG-2012 - 25-AUG-2013 --> 20 days absence (Approved Leaves from Employer )
25 AUG-2011 - 25-AUG-2012 --> No Break
25 AUG-2010 - 25-AUG-2011 --> 171 days absence

1. Will I be eligible for ILR? if not then I believe another extension is required.

As per the document "Indefinite leave to remain – calculating continuous period in UK" is not much clear to me, is it in total of 180 days for 5 yrs?

2. My Dependents came in Dec-2011 and still are with me. Are they be eligible for ILR for the same time with me?

3. If not then do they need to go for another extension route?


I have also read in UKBA audit report and different threads which suggests there will Tier-1 extension may be closed in 2014, what if I switch to Tier-2 General asking my current company to provide me a CoS so my remain in UK continues if extensions are closed for Tier-1?

Refer Links
http://www.immigrationboards.com/viewtopic.php?t=145715

Audit Report
http://icinspector.independent.gov.uk/w ... ations.pdf

[karg_g]

Hi,

When did your first visa validity start, or did you arrive within 90 days of your EC? If you answer No, then you will need another extension.

Ideally Long absence are in essence implying you are no longer interested in settling down in UK for good, however 180 days rule tilt the favor in applicants case.

"If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken."

Good luck