ILR in 10 days - Long Absence Question

[rakeysh.patel]

All,
I am currently on T1(G) and going for ILR on 28th Feb at Croydon PEO.
I initially entered the UK in OCt-2003 as a student. In November 2007, I went back to my home country (India, if one must know) and returned on my student visa in November 2008. The absence was about 360 days. I entered in November 2008 on my (extended) Student visa and got my T1 (G) in March 2009.
In ILR SET(O) form there is a question regarding @How long I have lived in the UK". I have answered this as 10 years and 4 months (as of now) and have listed my absence from 11/2007 - 11/2008 in the table below.
Since this continuous absence was prior to my T1(G) visa on which my ILR is based, does anyone think of a problem here?
Sweating over this for a bit now and would appreciate if one could please advise or share the experience.
Thanks

[dk2011]

Your ILR is based on 5 years continuous stay . In the SET(O) from you need to put march 2009 in the column where it says, "First Entry date on which the application is based ". Also regarding your stay you can mention 4 years 11 months(or 5 years based on tier 1 visa stamp date) . You don't need to mention your absence which is outside of qualifying period and unnecessary complicate it. Hope this clarifies your doubts.

[rakeysh.patel]

Your ILR is based on 5 years continuous stay . In the SET(O) from you need to put march 2009 in the column where it says, "First Entry date on which the application is based ". Also regarding your stay you can mention 4 years 11 months(or 5 years based on tier 1 visa stamp date) . You don't need to mention your absence which is outside of qualifying period and unnecessary complicate it. Hope this clarifies your doubts.

Noted that one should to complicate the matter unnecessarily but that said, I do not want that to class as a deception. Is there a guideline that advices to put down information for the total stay only relating to current visa?

[rakeysh.patel]

The posed question 7.11 is

How Long have you lived in the UK [ ] Years [ ] Months

[dk2011]

There is no such guideline but there is definitely a question regarding the date on which the application is based on . Also , it clearly asks to mention absences during the qualifying period only . Where is the guideline to mention absences which is outside of the qualifying period ? In the total stay you can mention 10 years or 5 years and i don't think there is any issue related to it. Basically , if you are applying based on 5 years route then you have to calculate/mention only those absences which falls within that period.

[rakeysh.patel]

There is no such guideline but there is definitely a question regarding the date on which the application is based on . Also , it clearly asks to mention absences during the qualifying period only . Where is the guideline to mention absences which is outside of the qualifying period ? In the total stay you can mention 10 years or 5 years and i don't think there is any issue related to it. Basically , if you are applying based on 5 years route then you have to calculate/mention only those absences which falls within that period.

I think we arent on the same page. There are two sets of questions around the length of stay in the UK. One as you quite rightly point that, Question 6.1 When did (the main applicant) FIRST entered the UK? This refers to the date of your first entry to the UK at the beginning of the period of stay on which this application is based? - You are correct that I should enter March/2009 here. I have the answered this and 6.2 asks to list all the absences from the UK for the qualifying period where I have listed all my absences from the UK, work or otherwise for the past 5 years. This totals to about 80 days in the past 5 years!

However, my question refers to 7.11 which as I quoted asks for How long have I lived in the UK. And here is where the confusion is regarding 360 days absence between 07 and 08 as one has to list the absences of more than 6 months during that stay (a table right underneath Q 7.11) Hope this clarifies our mis-alignment.

[dk2011]

I had got it right first time itself . You aren't noticing what i'm trying to highlight .

" 7.11
how long have you lived in the UK? Years Months
Please provide details of any periods of absence of more than 6 months during that time. "

It actually refers to the qualifying period because of <=180 days rule . CW has to take notice of any absence mentioned below because of <180 days rule which is unnecessary in your case as it falls outside of qualifying period and he/she will have to work out whether this has something to do with your application.

You won't have any problem as they are outside of qualifying period but creates unnecessary confusion.

If you think not mentioning absences outside of qualifying period falls under deception then go for it.

[rakeysh.patel]

I hear you! Sorry, I kept thinking you weren't on the same wavelength. But clearly I was wide off the mark, possibly as questions do not read "for the qualifying period" I was confused. So in your opinion, this should read as 4 years and 11 months and leave that blank? Is that your opinion or have done it urself?

[dk2011]

I had applied based on 5 years rule and i was actually here for 5 years only . But if you search in this forum many people have been advised to mention 4 years 11 month and they were fine.
Basically , application is focused on qualifying period and CW understands it much better than i do.