Tier 1 General visa/5 years stay/ ILR Query

Hi
Please I need clarification with respect to my ILR application
I got my first Tier 1 General visa before 6 April 2010
I entered UK in September 2010 (after 90 days)
Then travelled out of UK for a job around Feb 2011 and back in the UK in June 2011 (More than 90 days)
I've done 2 extension in the UK and my last visa is still valid till 2017.

I'm planning to apply for ILR next month. Though the five years continuous stay applies as below for example if I decides to apply on 26 February 2016

Year 1 = 25 Feb 2015 -- 26 Feb 2016 (Total of 20 days Stay outside UK in that period)
Year 2 = 25 Feb 2014 -- 26 Feb 2015 (Total of 40 days Stay outside UK in that period)
Year 3 = 25 Feb 2013 -- 26 Feb 2014 (Total of 50 days Stay outside UK in that period)
Year 4 = 25 Feb 2012 -- 26 Feb 2013 (Total of 44 days Stay outside UK in that period)
Year 5 = 25 Feb 2011 -- 26 Feb 2012 (Total of 165 days Stay outside UK in that period)

Please remember I entered UK back around June 2011. In year 5 above between February and June 2011 (about 130 days absence is added/included in the 165 days absence in the UK for that period (Year 5)).

Could anyone please assist with validity of my application. I think the 130 days could be counted as absence in the UK based on the point below. Please any suggestion would be appreciated & welcomed.

I read this from HO guidance & Immigration Rules

*180 whole days absence No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR).
*Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period

Thanks

Babson

I don't think you will any issues. you haven't been outside the country for more than 180 days continuously in any given period

Could you please explain the statement below:

Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period

If there is a break of more than 90 days - Feb 2011 to June 2011 as stated above. How does the statement affect my application?

Regards

Babson

If there is a break of more than 90 days - Feb 2011 to June 2011 as stated above. How does the statement affect my application?

It shouldn't.

Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period

Applicants can apply any time WITHIN 28 days of reaching 5 years residence.

Many thanks for your response

I getting confused with the feedback.
I entered UK 09/2010 (First entry) Tier 1 general (As at date I'm almost 6 yrs on tier 1 visa)
There was a break in Feb - June 2011 (Job outside UK)
Now 5 yrs continuous stay from Feb 2016 will be (Feb 2011 to Feb 2016)
Between Feb 2011 and June 2011 - I went for a job outside UK but my total absence for 2011 - 2012 in the continuous stay in the UK is less that 180 days.

How does this play out? I'm planning to apply for ILR this month.

Couple of more questions -

1. You worked outside UK in between Feb 2011 to June 2011 which means you paid no tax and no NI in UK. I guess that you had no connection with employment in UK (means you worked for an employer based in some other country). How will you provide the absence proof? What letter or evidence or ground you will provide to support this absence if case worker asks for it (not sure whether case worker will really ask for it as per the guidelines)?

2. You came back to UK in June 2011 which means you will have incoming stamp as on June 2011 then how will you provide or cover period between Feb 2011 and Jun 2011?

I want those days (between Feb to June 2011) to be counted as absence in the UK toward 180 days for that year. Though I have a contract letter and a proof to back it up.

Please I need advise and suggestion from the great GURU....

Please assist

Regards