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

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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

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

Post by JiDan » Wed Nov 11, 2015 10:35 pm

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

AGS
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Posts: 4
Joined: Sat Nov 07, 2015 7:12 pm

Re: ILR Single Long break of >180 days & SET(O) queries

Post by AGS » Wed Nov 11, 2015 11:06 pm

Hi My case is almost similar. I have raised a query over here but no satisfactory response. Finally I have postponed my ILR application date to exclude this long absence period because of overseas JOB.

If your absence related to overseas JOB then it should be a problem and needs care full consideration.

Please let me know if you receive any reply or updates.

Regards,
AGS

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

Re: ILR Single Long break of >180 days & SET(O) queries

Post by JiDan » Thu Nov 12, 2015 3:17 pm

Anyone here willing to lend a helping hand??

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