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initially I came to UK on december 6th 2008 on work permit and then converted to TIER 1 in June 2010. In 2012 June I have renewed my TIER-1 application.CR001 wrote:Can you list the date you left the UK and the date that you returned and also the expiry date of Tier1 and issue date of Tier 2?
@secret.simon - what you are referring to is the claim to ILR based on 10 years long residence. As far as I am aware, this rule does not apply to PBS to ILR route and it needs to be 5 years backwards from date of application.secret.simon wrote:CR001,
I faintly recall vinny remarking in a similar case a while ago (may be as much as a year or two back) that it is possible for ILR to be earned for any five year period which meet the requirements. So, I think that the OP may have earned ILR (not PR) between 2008 and 2013.
As I mentioned above, this is on the basis of a conversation where somebody else had mentioned that possibility. So, I look forward to other contributions to this query.
Also, can the title of this topic be modified to show that it is related to ILR and not PR?
If this was, for example, an EEA national operating under EU rules whereby PR is acquired automatically I would second your argument.secret.simon wrote:CR001,
I faintly recall vinny remarking in a similar case a while ago (may be as much as a year or two back) that it is possible for ILR to be earned for any five year period which meet the requirements. So, I think that the OP may have earned ILR (not PR) between 2008 and 2013.
As I mentioned above, this is on the basis of a conversation where somebody else had mentioned that possibility. So, I look forward to other contributions to this query.
Also, can the title of this topic be modified to show that it is related to ILR and not PR?
If settled status was not acquired 'automatically' back in 2013 then, in the absence of an application of ILR made at the appropriate time, it appears OP has lost that opportunity to obtain settled status due to the prolonged absence from UK since 2013.Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the pecified period. However, the specified continuous period is always counted backwards from the date the ILR application is submitted.
That was indeed my argument in that thread, that automatic acquisition of PR was a feature of EU law, not of the UK Immigration Rules. However, Vinny pointed out a (fairly obscure to me) provision of the Immigration Rules that, while not allowing automatic acquisition, allowed some applications to take into account any relevant period in time.noajthan wrote:If this was, for example, an EEA national operating under EU rules whereby PR is acquired automatically I would second your argument. In that case the OP would probably be home & dry by skin of his teeth. However this document on continuous residency for ILR makes no mention of automatic acquisition of settled status.
It may be that that only applies to Long Residence cases, as CR001 points out. I just recalled that there is such a provision precisely because I had the same assumption as noajthan.CR001 wrote:@secret.simon - what you are referring to is the claim to ILR based on 10 years long residence. As far as I am aware, this rule does not apply to PBS to ILR route and it needs to be 5 years backwards from date of application.
From 2008 december to 2013 november I have completed 5 years and I was not absent for motre than 180 days during that period. So does that count? or do i need to wait for another 5 years?CR001 wrote:You will need to wait another 5 years on Tier 2 before you qualify.
Your continuous residence has been broken as you have been absent for more than 6 months.