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Tier 1 (General) to ILR - Query on 180 day limit?

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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tier1app
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Posts: 44
Joined: Wed Jul 17, 2013 1:09 pm

Tier 1 (General) to ILR - Query on 180 day limit?

Post by tier1app » Thu Feb 27, 2014 3:10 pm

Dear all;

I have gone through several relevant postings here on the board and as there are always variations on different cases, I wish to confirm that I have get the ideas correct, as well as hoping for some information on the "180 day limit."

As the title and previous postings , I am on a Tier 1 (General) migrant visa and has done 2 extensions.
Initial visa was valid from 01/09/2008 to 01/09/2011.
initial extension was valid from 01/09/2011 to 01/09/2013.
second extension was valid from 01/09/2013 to 01/09/2016.

I first came into the UK with this Visa on 02/04/2009, but only managed to moved here permanent on 26/08/2010. It took me two months to get my first role here and started the job 01/01/2011 (3 months after my arrival,) and have been working since then. I have only been on weekend trips or short holidays for the past 3.5 years so I am well under the 180 day limit each year or in total.

1. I would like to confirm that given the above, I should be able to submit my settlement visa application in Aug 2015, based on the arrival of 26/08/2010; and not having to wait till 01/09/2016 when my 2nd extension expires.

2. the "180 days limit", I have read page 19-22 of the ILR - calculating continuous period in the UK guidance over and over again, Are the more specific definitions for "extended periods?" , i.e. no more than 30? 60? or 90 days? for examples, if I am between jobs and am planning to take longer vocations for 2-3 months? would I need to explain or provide evidence for that? or does the 180 day limit rule work in a way that as long as in between Aug 14/15, I am in the UK for more than 185+ days, than I am covered? or is it case by case?

Your kind advice are much appreciated.

shargaur
Member
Posts: 136
Joined: Sun Sep 25, 2011 12:13 am

Re: Tier 1 (General) to ILR - Query on 180 day limit?

Post by shargaur » Fri Feb 28, 2014 8:00 pm

Earlier the rule was 180 in 5 years which has now been changed to 180 days in 12 calendar year. I am working outside UK for last 4 months and have my ILR in Jan/15 but because I am working for UK company, earning here and paying taxes here and have a letter from my employer that I was away on secondment for a client.

To make it simple - its 180 days in a calendar year.

tier1app
Newbie
Posts: 44
Joined: Wed Jul 17, 2013 1:09 pm

Re: Tier 1 (General) to ILR - Query on 180 day limit?

Post by tier1app » Fri Apr 25, 2014 4:22 pm

Further to my post in February

I am on a Tier 1 (General) migrant visa and had done 2 extensions.
Initial visa was valid from 01/09/2008 to 01/09/2011.
initial extension was valid from 01/09/2011 to 01/09/2013.
second extension was valid from 01/09/2013 to 01/09/2016.

Due to some personal reasons, I could potentially to be away for about 150 - 240 days in 2014/15.

I first came into the UK with this Visa on 02/04/2009, but only moved here permanently on 26/08/2010; given the latest 180 days limit rules; does it mean I would be able to apply for ILR earlier?

Initial Plan;

26/08/2010 - 25/08/2011, approx 20 days
26/08/2011 - 25/08/2012, approx 20 days
26/08/2012 - 25/08/2013, approx 20 days
26/08/2013 - 25/08/2014, approx 90 days
26/08/2014 - 25/08/2015, approx 150 days

If I were allowed up to 180 days per year, given that I have a valid visa since 01/09/2008;

16/03/2010 - 15/03/2011, approx 150 days
16/03/2011 - 15/03/2012, approx 10 days
16/03/2012 - 15/03/2013, approx 20 days
16/03/2013 - 15/03/2014, approx 25 days
16/03/2014 - 15/03/2015, approx 90 days

Would I be eligible to apply ILR with this new schedule?

Any suggestions would be much appreciated and happy Friday.

shargaur
Member
Posts: 136
Joined: Sun Sep 25, 2011 12:13 am

Re: Tier 1 (General) to ILR - Query on 180 day limit?

Post by shargaur » Fri Apr 25, 2014 8:40 pm

Yes.

dee_ukb
Newly Registered
Posts: 11
Joined: Wed May 14, 2014 10:27 pm

Tier 1 (General) to ILR - Query on 183 day limit?

Post by dee_ukb » Wed May 14, 2014 11:28 pm

Hello ,

I am suppose to apply for my ILR in June 2014, but I was out for 183 days in one stretch during August 2010 to Feb 2011.....so shall I go for ILR or Tier-1 general extension, please advise?

Regards

haiksuresh
Member of Standing
Posts: 448
Joined: Mon May 12, 2008 7:11 pm

Re: Tier 1 (General) to ILR - Query on 180 day limit?

Post by haiksuresh » Thu May 15, 2014 7:44 am

I read somewhere any single break should not cross 180 days.

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