Please advise when can I apply for ILR

[santosh_kalluri]

Hello,

I have been living in the UK (on and off) since 2007, coming to the most recent continuous stay...

My Visas and stays outside UK...

Tier 1 General - Jan 2009 - Jan 2012 (continuous employment from Jan 2009 to Sep 2010 (and then relocated/company transfer to Singapore for 10months))

Resigned in SG and came back to the UK in Aug-2011, I renewed my Tier 1 (which was due to expire in Jan-2012, got permission for 2yrs until Jan-2014) but since I couldn't find a job I left UK again on 30th Nov 2011 and came back in March-2012 and since been living in the UK (renewed my Tier 1 again in Jan 2012 (granted 3yrs visa expiring in Jan 2017).
I havent had any long leaves or out of the country situations for more than 6 weeks once or twice (not in the same year)

I will finish 5 years stay in Aug-2016 (continuous stay since my initial entry for the qualifying period) but because I already had a visa before I came back from SG. Can I count 6 months from this period of absence from UK and apply 6 months early? i.e., in Feb 2016 ? Does it work like this? How do I explain this in my application??

Please help !!

Thanks a lot,
Santosh.

[chetan0229]

Hi,
your post is bit confusing.

1) Tell us which period you are thinking to count towards 5 year duration ???
Is it from Aug 2011 to Aug 2016 ???

2). Were you paying full tax to HMRC on above said duration. If so can you prove it.

3) from March 2012 onwards, can you prove you are earning minimum of what requried for Tier 1 G migrant should be earning ??

[santosh_kalluri]

Hello,

1) Tell us which period you are thinking to count towards 5 year duration ??? Is it from Aug 2011 to Aug 2016 ??? Actually from Jan/Feb-2011 - Jan/Feb-2016 as I had the Tier 1 visa overlapping this period (from Jan-09 to Jan-12)

2). Were you paying full tax to HMRC on above said duration. If so can you prove it. - No (as I was working overseas and got paid in local currency, SGD).

3) from March 2012 onwards, can you prove you are earning minimum of what required for Tier 1 G migrant should be earning ?? YES

[santosh_kalluri]

Seniors...Kindly advise please !!

[Amber]

In so far as you meet the requirements for settlement, then from 28 days before Aug 2016. The earlier date cannot be considered as you exceeded 180 days and broke continuous residency, LIUK and B1 English required.

I said Aug 2016 for ease, if, for example, you used Feb 2016, then during Feb 2011 - Feb 2012, absences must not exceed 180 days, but it did as you were out for 9 months, if you can make it in each 12 month period, absences do not exceed 180 days, you may be able to apply prior.

[santosh_kalluri]

Thanks Amber, here are my dates for clarification...

Code: Select all

15/09/2014	01/04/2015	196	UK
18/08/2014	14/09/2014	26	India
02/08/2014	17/09/2014	45	US
30/05/2014	31/07/2014	60	UK
23/05/2014	29/05/2014	6	Switzerland
22/04/2014	22/05/2014	30	UK
19/04/2014	21/04/2014	2	Paris
12/12/2013	18/04/0214	167	UK
01/11/2013	11/12/2013	40	US
09/07/2012	30/10/2013	471	UK
22/06/2012	08/07/2012	16	US
09/03/2012	21/06/2012	102	UK
01/12/2011	08/03/2012	97	India
27/07/2011	30/11/2011	123	UK
05/05/2011	26/07/2011	81	India

Although I was outside UK prior to 05/05/2011 (i.e., from 30/10/2010 until 26/07/2011), I want to apply my ILR on 05/05/2016 as I complete 5 yrs on this day (if I calculate my "Days away from UK, not more than 180 days in 12 months" from 05/05/2011) and continue to keep it under max days outside UK until 05/05/2016. Hope this makes sense.

Many thanks for your help !!