Continuous Stay Query

[yogeshsaxena7]

Hello Every,

I have a query on my continuous stay.

I got my Tier 1 visa in June 2011 while I was in UK.

I was away from UK from 03rd December 2011 to 15 July 2015 (More than 180 days)

I got my extension in 2013 until July 2016.


Am I eligible for ILR with this long gap in my continuous period?

[CR001]

I was away from UK from 03rd December 2011 to 15 July 2015 (More than 180 days)

Are you sure about the dates you have put or is it a typo?

[yogeshsaxena7]

Sorry, there was a typo following are the correct dates.

I was away from UK from 03rd December 2011 to 15 July 2012 (More than 180 days)

[yogeshsaxena7]

I was away from UK from 03rd December 2011 to 15 July 2012 (More than 180 days)

Are you sure about the dates you have put or is it a typo?

[CR001]

Unless you are able to split the absence over two separate 12 month periods, it would be a break in continuous residence. This will depend on the date you wish to apply for ILR and then counting the 5 x 12 month periods backwards.

What is your full UK immigration history?

[yogeshsaxena7]

My Immigration History as follows:

Came to UK in October 2010 on Tier 2 ICT avisa (Visa granted in Sept 2010)

Applied for Tier 1 and got it done in June 2011 until 2013. Filed extension in 2013 and got it until July 2016.

I was away from UK from 3 Dec 2011 to 14 July 2012 (This include my one month annual leave). I was paid salary for December Month.

I was wondering if I can include my Tier 2 ICT stay period in my continuous residence period or if the absence can be justified.

[CR001]

On what date did you APPLY for your Tier 2 ICT visa?

Tier 2 ICT does not lead to ILR if applied after April 2010.

What were the reasons for your absence?

[yogeshsaxena7]

Hello,

My company applied my visa in Sept 2010 and I got it approved in the same month.

Reason for Absence:

Two Reason:

- Change of Project Assignment from the same employer.
- Medical reason: My wife had a medical emergency and she left UK in Aug 2011. I was with her in India from those 6/7 months.

Thanks

[yogeshsaxena7]

Another thing that I want to highlight here is that I applied for Tier 1 visa in April 2011 and got it only from June 2011.

Does that going to make any difference in terms of Continuous residence?

[CR001]

Another thing that I want to highlight here is that I applied for Tier 1 visa in April 2011 and got it only from June 2011.

Does that going to make any difference in terms of Continuous residence?

Date of counting residence on Tier 1 starts with the visa issue date not the application date.