Tier 1 to ILR continuous stay question

[UKBALoveStory]

My details as below

Tier 1 Entry clearance granted: March 2009 for three years
First entry to UK: 1st May 2009
Left UK: 5th May 2009

Came back to UK: Jan 2010. Till then living in UK.

Got my visa extension on March 2012 for two years (March 2014).

I know I have been out of UK for over 180 days and can't split this period into 2 years so most probably I will qualify for ILR on Jan 2015 (or Dec. 2014 (28 days before 5th anniversary).

but but but here is the question for some gurus (may be a silly one but just want to confirm).

Can I not apply for settlement in lets say Aug 2014 counting the period of absent from Aug 2009 to Jan 2010 within the 180 days? I think the key question here is can the counter for settlement starts if you are outside the UK with having a valid "leave to enter" as you have already validated the "leave to enter" once by entering (and then leaving) the UK.

Thanks for reading and any help (UKBA website links?)...

Thanks

[Amber]

Yes, you should be able to split the 5 years so that absences fall as to not exceed 180 per 12 months.

[UKBALoveStory]

Yes, you should be able to split the 5 years so that absences fall as to not exceed 180 per 12 months.

Thanks Amber for replying.

My timeline below, can you explain how can I split these

Tier 1 Entry clearance granted: March 2009 for three years
First entry to UK: 1st May 2009
Left UK: 5th May 2009
Came back to UK: Jan 2010. Till then living in UK. (around 9 months out of UK)
Got my visa extension on March 2012 for two years (March 2014).

if I can't split (which I think, I can't), then question is

"can the counter for settlement starts if you are outside the UK with having a valid "leave to enter" as you have already validated the "leave to enter" once by entering (and then leaving) the UK"

[minaminou]

I have the same kind of situation and really looking to know the answer to this

Thanks.

[UKBALoveStory]

Anybody?

[UKBALoveStory]

Anybody?

Anybody?

[O_Relly]

Read pg19 of calculating continuous period to understand how you can split your 5 year period


see also,
http://www.immigrationboards.com/viewto ... ht=#950997

and,
http://www.immigrationboards.com/viewto ... ht=#950518

[UKBALoveStory]

Read pg19 of calculating continuous period to understand how you can split your 5 year period


see also,
http://www.immigrationboards.com/viewto ... ht=#950997

and,
http://www.immigrationboards.com/viewto ... ht=#950518

Thanks for your reply. I have looked at the links but unable to find any answers.

I think I had not clearly explained the question.

The question is

When does the counter for ILR starts once the continuous residence is broken (Stayed out of UK over 180 days) .

Does it stars when you re-enter UK or can you also count some part of your absences towards the ILR continuous period?

Thanks

[UKBALoveStory]

Amber, Vinny Any help

[rudra2varma]

Amber, Vinny Any help

This is bit tricky. you are in UK for only 5 days. If we apply the rules strictly then this should not be an issue. However case worker might take this in different way. If you have any medical reasons for that absence then it should be ok.

[UKBALoveStory]

....

[UKBALoveStory]

If you have any medical reasons for that absence then it should be ok.

There is no medical reasons.

If we apply the rules strictly then this should not be an issue.

How? Any links on UKBA website? I have seen your success story but not sure if your case is same as mine?

[rudra2varma]

If you have any medical reasons for that absence then it should be ok.

There is no medical reasons.

If we apply the rules strictly then this should not be an issue.

How? Any links on UKBA website? I have seen your success story but not sure if your case is same as mine?

Sorry. What i mean is there is no clear cut rule that absence should not be at the start of the five year period. Because before the absence you are in UK with valid leave, this should be fine.

Having said that you are only here for 5 days which case worker can see in different way. I think it would be better to go with solicitor.

[UKBALoveStory]

Sorry. What i mean is there is no clear cut rule that absence should not be at the start of the five year period. Because before the absence you are in UK with valid leave, this should be fine.

Having said that you are only here for 5 days which case worker can see in different way. I think it would be better to go with solicitor.

Thanks for replying.

Any suggestion about good solicitor. Anyone?

Thanks

[lezzfrancis]

Hi there,

What was the outcome of your application? Was it successful? Any tips?

Thanks,
Lezz