Need your help on my situation

[karankun]

Waiting to apply ILR. I had a 7 month gap in my first year that's more than the permitted absence period. So just wanted to know if I can apply 2 months later that would bring my gap to 5 months for the first year that is less than the permitted period - But that means the first date of my first year I was not in UK. Can the first date of the first year in 5 years tenure start from not being in the country, when you had been before that. Or I would have to wait for 7 months and then apply because I came back to UK after 7 months after getting my Tier 1 Visa in UK. Please seniors and moderators help me with this query.

[secret.simon]

You have to be physically present in the UK five years to the day before your application.

This is a requirement in the text of the British Nationality Act 1981 (See paragraph 2(a)) and the UKVI does not appear to have the discretion to disregard it.

So, I'm afraid that that option is not open to you.

Also, when does your Tier 1 expire? Do you have sufficient time available on your Tier 1 visa? T1G visas can not longer be extended.

[cs95tdg]

You have to be physically present in the UK five years to the day before your application.

This is a requirement in the text of the British Nationality Act 1981 (See paragraph 2(a)) and the UKVI does not appear to have the discretion to disregard it.

So, I'm afraid that that option is not open to you.

I think the OP is looking to apply for ILR, and not for naturalisation. I haven't personally seen anything in the immigration rules for settlement, which indicates a requirement to be physically present in the UK on the date the residential qualifying period begins. But it's question that has been raised on this forum before. I will wait for your input/correction in case I've missed where this is stated/implied.

[cs95tdg]

OP, at a glance the question you appear to have is similar to that in the thread below.

http://www.immigrationboards.com/indefi ... 85950.html

[secret.simon]

I think the OP is looking to apply for ILR, and not for naturalisation.

That was my mistake. This is a common question on the British Citizenship forums and one of the most common reasons for naturalisation applications to be rejected. So, mentally, I made a leap of logic from ILR to naturalisation. Apologies for that.

[karankun]

Thnaks a lot for your replies. And the reference to the other thread was helpful. I have got a similar situation but unfortunately no concrete reply is found on the other thread also. I will appreciate if someone can guide and further help me on this.
Cheers