ILR Absence during 5 Year continous Residence.

[vinaykandi]

I need advise regarding my ILR eligibility. I have completed more than 5 years (from april 2005) in UK on wp,hsmp and tier1 visa's. But during my hsmp extension my application was rejected due to not providing evidence in the required format (i.e the salary net and gross breakup was not given, not dates of payments etc in the letter from my accountant.). By the time I got the refusal letter my previous visa period was expired. I was allowed appeal.But I went back to India and applied for new Tier1 visa. Though the total no of absence during this period is less than 90 days like to know your opinion regarding the gap. I read the homeoffice website and cant see anything very clear mentioned about a situation like mine. It would be helpful if you can provide me a link to home office website guidence which tells about this.

Thanks
Vinay

[zahid.ali.anwar]

As soon as you left UK for India and applied for new Tier 1 entry clearance, your ILR clock is reset.

Now you have to complete five years from the date of your latest Tier 1 visa.

[sunil.suneel]

I was allowed appeal.But I went back to India and applied for new Tier1 visa. Though the total no of absence during this period is less than 90 days like to know your opinion regarding the gap.

Vinay , you going back after refusal was big mistake and a break in continuous residence and there is no discretion allowed on this at all ... It is clearly a reset and you have to count your 5 years period from the time your new Tier 1 started ...

[vinaykandi]

Thanks for your reply. Can any of you please let me know where it is written on HO website about break in continous residence and the ILR clock reset.I can see no where mentioned if I go back it will be considered as break in continous residence.