ILR Eligibity

[prashanth.mamidi]

I am on Tier1 [General] working as a permanent employee; I am planning to apply ILR around Nov 2014.

Here’s my Visa Details:
Work Permit Visa
First Arrived in UK: 12-JAN-2008
Valid until: 03-JAN-2010

Tier1 [General] Migrant Visa – Applied for Same day visa
Date Of issue: 21-DEC-2009, Croydon
Valid until: 21-DEC-2012

Tier1 [General] Extension Visa – Applied through Post
Sent post on: Around 26-Sep-2012
Date Of issue: 14-FEB-2013, Croydon
Valid until: 14-MAY-2015

Requirements:

1. Continuous residence period of 5 years

OUT OF UK details
26-SEP-2009 TO 12-OCT-2009 = 16d [Went to India for my marriage]
03-JAN-2010 TO 24-MAY-2010 = 4m 21d [Went to India, to resign my company[TCS] and served the notice period]
03-OCT-2010 TO 24-OCT-2010 = 21d [Went to India on Business trip through LOGICA]
28-SEP-2011 TO 02-OCT-2011 = 5d [Went to EUROPE for holidays]
28-OCT-2011 TO 04-DEC-2011 = 1m 7d [Went to India as My mom was expired]
13-Apr-2013 TO 05-May-2013 = 22d
26-OCT-2013 to 21-Nov-2013 = 26d

Here’s my absence detail year-wise, if I apply on 05-Nov-2014

05-Nov-13 to 04-Nov-14 -> 18d
05-Nov-12 to 04-Nov-13 -> 31d
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

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."
For one of the year I am outside the UK for 162 days, whereas other years I am under 30 days.
Whether I will be eligible for this requirement of Continuous stay?
Is there any other clause, the number of days not to exceed for the last 5 years?


2. The general grounds for refusal in Part 9 of the Immigration Rules.

I have the below convictions:
1. on 01-10-2012 - my vehicle was unlicensed [Road tax has expired] and £340.50 fine.
2. on 31-10-2012 - motor vehicle without third party insurance - 6 points to driving license and £700 fine.
(1C) where the person is seeking indefinite leave to enter or remain:

(i)they have been convicted of an offence for which they have been sentenced to imprisonment for at least 4 years; or

(ii) they have been convicted of an offence for which they have been sentenced to imprisonment for at least 12 months but less than 4 years, unless a period of 15 years has passed since the end of the sentence; or

(iii) they have been convicted of an offence for which they have been sentenced to imprisonment for less than 12 months, unless a period of 7 years has passed since the end of the sentence; or

(iv) they have, within the 24 months preceding the date of the application, been convicted of or admitted an offence for which they have received a non-custodial sentence or other out of court disposal that is recorded on their criminal record.”

Whether I come under point (iv), so I need to wait till 01-Nov-2014 to be eligible?

[Amber]

You may be able to apply from 28 days before 12-JAN-2014 so far as absences are <180 days per 12 month period. The conviction although falls for a general grounds to be refused, in practice doesn't actually appear to be the case for ILR when you have a minor traffic conviction so far as it's not recorded on the PNC.

[prashanth.mamidi]

You may be able to apply from 28 days before 12-JAN-2014 so far as absences are <180 days per 12 month period. The conviction although falls for a general grounds to be refused, in practice doesn't actually appear to be the case for ILR when you have a minor traffic conviction so far as it's not recorded on the PNC.

Thanks Amber for the details.
I was out of the UK for 163d for one of the year, during this period I was not on the UK payroll. Is it still fine, whether I need to submit any absence Letter?

Reg. the conviction, how can I check whether it's recorded on PNC or not?

[Amber]

Ask your local police station for PNC data. No absence proof should be required.

[kk12]

Please advise in my case.i was out side of uk 241 days at a stretch . Do i need to submit any absence letter?

Year 1 08/02/2014 09/02/2013 0
Year 2 08/02/2013 09/02/2012 17
Year 3 08/02/2012 09/02/2011 9
Year 4 08/02/2011 09/02/2010 141
Year 5 08/02/2010 09/02/2009 110

Thanks in advance.

[montysingh]

hi mate

i have sent you a PM

Can you plz have a look
thanks

[kk12]

Hi Monty,
Please mail me as I don't have access to view PM.
v.vakati@gmail.com

Thanks,
KK