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Question on Leave of Absence Criteria for ILR

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

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ltan
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Joined: Tue Jan 22, 2013 6:12 pm

Question on Leave of Absence Criteria for ILR

Post by ltan » Sat Oct 04, 2014 2:40 pm

Hi,
I was wondering whether you could help me. I have read through the various threads here and I think I meet the leave of absence requirement for ILR, but I need to be quite sure about it. The problem is my T1 general visa expires in 3rd May 2015 and the last day of renewal is the 5th April 2015. So, I need to be sure of my decision to renew my Tier 1 General or go for ILR. Below, gives you the idea of my days outside the UK.

- 08 May 2010
23 May 2010 - 03 July 2010 42days
02 October 2010 - 09 October 2010 8days
11 December 2010 - 02 January 2011 23days
03 January 2011 - 20 February 2011 49days
08 March 2011 - 09 July 2011 124days(56 days to 2nd May)
18 December 2011 - 09 January 2012 23days
30 March 2012 - 02 April 2012 4days
20 May 2012 - 18 June 2012 30days
16 November 2012 - 20 November 2012 5days
09 December 2012 - 06 January 2013 29days
29 June 2013 - 15 July 2013 17days
14 December 2013 - 06 January 2014 24days
06 March 2014 - 17 March 2014 12days
03 May 2011 - 11 May 2014 9days

My questions are as follows:
1. As my visa started on 3rd May, 2010 and I arrived on 8th May, 2010, will I be penalized with the 4 days? Basically, instead of 180 days of absence in a year, I would only get 176 days. If it is 180 days, where is the reference in the official Home Office documents that will not penalized me? If I am penalized, it would seem that I do not meet the ILR requirement.
2. Is the format below correct if I were to apply on the 15 Apr 2015?
a. 15 Apr 2015 (based on the 28 days rule) to 3 May 2014
b. 2 May 2014 to 3 May 2013
c. 2 May 2013 to 3 May 2012
d. 2 May 2012 to 3 May 2011
e. 2 May 2011 to 3 May 2010
- When I looked at the Office Home Office Guidance for ILR, all the dates were matching except for the years. But, if I follow the guidance, then K have to go back to 16 Apr 2010, which does not make sense at all. So, how would this work in my case?
- Based on the table above, would I exceed 180 days for any 1 year based on Home Office Guidance?

Thanks in advance.

Ltan

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