ILR Query

[ishchopra]

Dear Experts,

I am planning to apply for an ILR in next two months but i am really confused considering one of the biggest factor which is counting of continuous 5 years. below is my calculation if somebody can advice on this then i would really appreciate:-

Tier 1 Granted : 01st April 2009
First time Landed : 24th May, 2009 (After 53 Days)

Planning to apply for ILR 1st May 2014

Continuous Period

Total Holidays (Paid/Unpaid)

Year 5: May’2014 –Apr’2013
45 Days (Paid Holidays)
Year 4: May’2013 – Apr’2012
16 Days (Paid Holidays)
Year 3: May’2012 – Apr’2011
24 Days (Paid Holidays)
Year 2: May’2011 – Apr’2010
29 Days (Paid Holidays)
Year 1: May’2009 – Apr’2010
110 Days (Unpaid) + 53 Days (entered late in UK)

First Year Explanation:

Trip 1: 17th Nov’2009 - 08th March’2010

During this period:-

I got engaged
I have completed my Microsoft certification to enhance my skills (I have original email from Microsoft)
I met with accident, doctor advised me to take two week bed rest ( I have doctor prescription)

1. Can i apply for ILR ?

2. If yes, then I know medical reason is okay for the long absence but are first two reasons valid for long absence? If yes then then do i have to submit any evidence?

Here are the new rules applied from 23rd Jan 2014

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The UKBA require confirmation (and evidence) that all absences taken during the qualifying period for ILR as a Tier 1 (General) migrant were for annual leave or business purposes.

In exceptional cases (see page 20-21) the UKBA will disregard absences if the absence was for compelling reasons.


thank-you very much in advance, any reply will make a huge difference.


regards,

A

[ishchopra]

I have been waiting for some help.

please can anyone answer this query?

[ram14esh]

No more than 180 whole days absence are allowed in any of the five, four, three or two
consecutive 12 month periods, depending on the category, preceding the date of the
application for indefinite leave to remain (ILR).

The specified continuous period is counted backwards from the date of the ILR application.
For example, if the date of application is 11 November 2012, the consecutive periods would
be as follows:

Year 1 11 November 2012 to 12 November 2011
Year 2 11 November 2011 to 12 November 2010
Year 3 11 November 2010 to 12 November 2009
Year 4 11 November 2009 to 12 November 2008
Year 5 11 November 2008 to 12 November 2007

Absences must be for a reason consistent with the original purpose of entry to the UK or for
a serious or compelling compassionate reason in the following categories:

My understanding is that you have not be more than 180 days on any calendar year from the date of your application so you should be OK I guess.