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ILR Single Long break of More than 180 days & SET(O) queries

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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JiDan
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ILR Single Long break of More than 180 days & SET(O) queries

Post by JiDan » Wed Nov 11, 2015 12:43 am

Hi Gents,
I've a few queries about 5 Years Continuous Stay requirements and ILR . A few questions about SET(O) too.
I had posted this query in Feb 2015, but got a Tier1 extension done this march anyway (Valid until 2018).

1.Am I eligible to apply for ILR this December Or have I broken the Continuous Stay Clause

Details
Visa Type Date
Tier 1 (G) 08/08/2010 First Visa Issued
Tier 1 (G) 08/09/2010 First Date Of Entry

Date Left UK Date Returned to UK Days absent from UK
30/09/2010 05/05/2011 217
24/03/2013 20/04/2013 27
08/06/2013 15/06/2013 7
06/09/2013 08/09/2013 2
12/10/2013 14/10/2013 2
01/05/2015 27/05/2015 26

PEO date booked 02/12/2015

Calculation of 5 Year Continuous Period

Start Date End Date Days Absent form UK
02/12/2015 02/12/2014 26
02/12/2014 02/12/2013 0
02/12/2013 02/12/2012 38
02/12/2012 02/12/2011 0
02/12/2011 02/12/2010 154 Days out of UK between 02/12/2010 and 05/05/2011 - 154

Question 1.
Does this mean that I can qualify, because I only need to take Days from 2010 Dec to calculate my 5 years period? Or
Do I fail the continuous Period clause because I have one long break which is more than 180 days?

Based on various threads and some replies to my own previous thread, I think I'm eligible. But please, can I get an expert opinion on this.

Quesiton 2.
I dont see any place in the SET(O) form where I can mention this 5 year period calculation, assuming that this can be explained in a cover letter, there are a few confusing questions -
Set(O) Section 7.11
How long have you Lived in the UK, Please provide any periods of long absence of more than six months during that time.

Based on my first date of entry as mentioned in Section 6.1,I will have stayed here for 5 years 4 months , So should I say I was absent for more than six months ? Will it then break the continuity?

Can someone please clarify these?

Apologies if some of these questions have been answered before.

Thanks
J

JiDan
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Posts: 11
Joined: Sun Mar 27, 2011 5:19 pm

Re: ILR Single Long break of More than 180 days & SET(O) que

Post by JiDan » Wed Nov 11, 2015 1:30 pm

Anyone active here anymore??

Thanks
J

JiDan
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Posts: 11
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Re: ILR Single Long break of More than 180 days & SET(O) que

Post by JiDan » Thu Nov 12, 2015 3:15 pm

>100 views but no one has anything to say? :(:(

FaeLLe
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Re: ILR Single Long break of More than 180 days & SET(O) que

Post by FaeLLe » Tue Nov 17, 2015 12:41 pm


JiDan
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Re: ILR Single Long break of More than 180 days & SET(O) que

Post by JiDan » Sun Nov 22, 2015 1:04 am

FaeLLe,
Thanks for your suggestion mate, I have read through each line of that document and my question is based on that.

The guidance says it is perfectly ok if the long break can be broken in to two. But there's a question in the Set(O) which asks, have you had a break which is longer than 6 months.

Hence the question.

FaeLLe
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Location: London

Re: ILR Single Long break of More than 180 days & SET(O) que

Post by FaeLLe » Sun Nov 22, 2015 9:29 am

JiDan wrote:FaeLLe,
Thanks for your suggestion mate, I have read through each line of that document and my question is based on that.

The guidance says it is perfectly ok if the long break can be broken in to two. But there's a question in the Set(O) which asks, have you had a break which is longer than 6 months.

Hence the question.
The question is just so they can assess you in more detail if it is True. If you still meet the qualification criteria of continuous residency and other criteria you will get ILR.

FaeLLe
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Location: London

Re: ILR Single Long break of More than 180 days & SET(O) que

Post by FaeLLe » Tue Nov 24, 2015 9:45 pm

Also the clause says no absences of 180 days in any 12 month period for 5 years BEFORE the date of application.
So if your single long break was before the 12 month x 5 block period you should be okay I guess.

kiran84
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Re: ILR Single Long break of More than 180 days & SET(O) que

Post by kiran84 » Sun Jan 31, 2016 7:35 pm

Hi,

I have a similar case but for SET (LR) application.

Can you split a continuous absent between the 2 years based on the date you apply your ILR?

Thanks...

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CR001
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Re: ILR Single Long break of More than 180 days & SET(O) que

Post by CR001 » Sun Jan 31, 2016 8:07 pm

kiran84 wrote:Hi,

I have a similar case but for SET (LR) application.

Can you split a continuous absent between the 2 years based on the date you apply your ILR?

Thanks...
Please stop posting multiple posts in other members topics. The absence rule for 5 years residence and 10 years long residence are different. Please be patient and wait for a response in your own topic.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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