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Apply ILR with a single Gap

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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santosh.cbit2002
Newly Registered
Posts: 5
Joined: Fri Jun 27, 2014 11:14 pm

Apply ILR with a single Gap

Post by santosh.cbit2002 » Fri Jun 27, 2014 11:28 pm

Hello all, Greetings..
Please can you give your honest opinion if I am eligible for ILR and can I make a successful approval?

Here are the important dates-
I have landed in uk on -04/10/2008 on T2 ICT
left uk on offshore assignment (for the same company and same project) on 15/10/2011.
I travelled back to uk on 19/11/2012...on the same visa (as my visa was still valid)
Since then am working in uk for the same company same project.
No where there are other gaps.
I have seen some sites technically calculating the continous period.

vinny
Moderator
Posts: 32964
Joined: Tue Sep 25, 2007 8:58 pm

Re: Apply ILR with a single Gap

Post by vinny » Sat Jun 28, 2014 1:29 am

If you had been outside of the UK for over a year, then it's likely that your continuous residence had been broken (245AAA).
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manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Apply ILR with a single Gap

Post by manci » Sat Jun 28, 2014 5:39 pm

Under current rules, as continuity has been broken, the 5 year qualifying period re-started on (approx.) 21/05/2012 and you will be eligible to apply for ILR 28 days before its 5th anniversary, i.e. in April 2017, provided that at that time you will have met all the requirements.

santosh.cbit2002
Newly Registered
Posts: 5
Joined: Fri Jun 27, 2014 11:14 pm

Re: Apply ILR with a single Gap

Post by santosh.cbit2002 » Sat Jun 28, 2014 9:06 pm

Thank you for replies.

I have been in touch with some immigration advisors.
They tell that there is a chance that i can get ILR ...as they split the period 2008 till 2014 into consecutive years ..such that no two has a gap of more than 180...

They say they have dealt such cases...

Am not sure if I really take that risk?
Should I consider switching to T2 general rather than going for ILR..?
I have no plans to settle in UK... all I need is some 3 years contracting...

Please suggest your views...am in bloddy dilema...and disappointment..thank you

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: Apply ILR with a single Gap

Post by manci » Sat Jun 28, 2014 10:33 pm

read p19:
https://www.gov.uk/government/uploads/s ... eriods.pdf
you cannot split a period that is longer than 1 year (15/10/2011 - 19/11/2012) into two periods so that one of them is not longer than 180 days.

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