How HO counts the 4 years for ILR?

[soulfullness]

Dear All

Can anyone knows how HO counts the 4 years for ILR?

1)
Suppose every year within the 4 years I have gone out of UK for one month ( ie total of 4 months out of UK within 4 years) , then I have to apply for ILR after 4 years and 3 months and 2 days!

2)Or I can apply for ILR after 4 years from the date of arrival to UK(4x365 days ) excluding the allowed days of absence within a year?

3) Suppose family members spent more than 4 months out of UK within 4 years of of main applicant, is it possible that the family members also can apply for ILR along with main applicant? Or they have to complete full 4x 365 days in UK?

Can you clarify?

Thanks

[f2k]

it is 4 years from the date of entry. Absences are not added nor deducted. They (absences) are important of course, as they check them to ensure that you have not been out of the country for more than the stipulated times.

for ILR, dependents time away is not considered. it is only the main applicants time that is used. Dependents absences will only come in later at naturalisation application

[nksg]

If i am not wrong.. it is.. out of country for less than 90 days at a stretch
or
180 days in total in 5 years... i think this is the same case for 4 yrs too....

[f2k]

If i am not wrong.. it is.. out of country for less than 90 days at a stretch
or
180 days in total in 5 years... i think this is the same case for 4 yrs too....

I m not sure which point you are referring to. for dependents time away is not considered, if you look at the form it only asks for main applicants absences. Infact even time arrived in UK is not asked for. I am only talking about those applying under HSMP 4yrs JR.

wrt absences you need not worry if you were away for less than 180days over the 4 years

[nksg]

f2k,

soulfullness wanted to know about the main applicant as well as depends. The comments made by me was for the main applicant. As i said before that i was not sure on the 4 yrs ILR rule but some one got his application rejected as he was out of country for more than 90 days in the first year. I am thinking he arrived late.. please see details below....

http://www.immigrationboards.com/viewto ... start=3400

Infact even time arrived in UK is not asked for does not seam to work in this case..

p.s i might be wrong but its better to be safe than sorry..

Regds,

NK

If i am not wrong.. it is.. out of country for less than 90 days at a stretch
or
180 days in total in 5 years... i think this is the same case for 4 yrs too....

I m not sure which point you are referring to. for dependents time away is not considered, if you look at the form it only asks for main applicants absences. Infact even time arrived in UK is not asked for. I am only talking about those applying under HSMP 4yrs JR.

wrt absences you need not worry if you were away for less than 180days over the 4 years

[f2k]

nksg
just to clarify

'not arrived not asked.' I was referring to the dependent not the main applicant.

It is of course important for the main applicant as it determines the day when you can start counting your residency years.

I should have added in prev post about the 90days in one but i wasnt sure what the requirement was in relation to those who applied pre April 2006