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The continuous period is counted backwards from the date of application. .. and apparently the application can be made 28 prior to expiry date.

So in case where say the visa was valid from and I entered uk on 1 Sep 2010
I can apply on say 5th Aug 2015(25days prior).
But in this case my calulation will go 5 years backward from application date..that means 5th Aug 2015 to 6 Aug 2010.
Now effectively I have a month of absence in year 2010 where my visa was not valid and no way I could enter the country in Aug 2010 (before 1st Sep2010).

Am I missing on something?

Any clue guys which is the correct way for calculating continuous period?

What date your visa was stamped? also your entry date to UK?

Visa date valid from 1st Sep 2010.
Date of Entry 23rd Oct 2010

Your 5 years will complete on 1st Sept 2015 - can apply 28 days before this date (4th August 2015) - provided you satisfy continued residence i-e not spent 180 days away in 12 months period in the last 5 years.

tier1o wrote:Your 5 years will complete on 1st Sept 2015 - can apply 28 days before this date (4th August 2015)

Ok Let me elaborate my question again...
The continuous period is counted backwards from the date of application. Which will be in this case :
Year 1
4 Aug 2015 - 6 Aug 2014
Year 2
4 Aug 2014 - 6 Aug 2013
Year 3
4 Aug 2013 - 6 Aug 2012
Year 4
4 Aug 2012 - 6 Aug 2011
Year 5
4 Aug 2011 - 6 Aug 2010**

Now Year 5 shows "6 Aug 2010"** how can i be possibly in the country before 1st Sep 2010 is my question?

tier1o wrote:not spent 180 days away in 12 months period in the last 5 years.

Hasn't this changed to 180day in each year in five year period...meaning 180days x 5years = 900days...
...as mentioned https://www.gov.uk/government/uploads/s ... eriods.pdf
"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)"

tot wrote: Hasn't this changed to 180day in each year in five year period...meaning 180days x 5years = 900days...
...as mentioned https://www.gov.uk/government/uploads/s ... eriods.pdf
"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)"

Looks like i may be wrong about 900days...basically anything above 180 will be reviewed and concluded at the discretion of the case worker and may help if the applicant was economically acive in uk. Correct?

But I still have the 1st question valid, can anyone please answer this -

tot wrote:Now Year 5 shows "6 Aug 2010"** how can i be possibly in the country before 1st Sep 2010 is my question?

Here is my full info :
-The image above lists the num of days outside UK (including travel days)

Firstly is it the correct way to count the days Visa valid from 1Sep2010 but entered UK on 23oct 2010. Planning to apply ILR in 1st week of August? (Issues/No-issues?)

-The 10days marked in magenta in year 3 was fully personal trip.
-Rest all trips were overseas assignments from current employer (We have Written letter from employer with specific transfer dates)
-There are few paid holidays(about 5days in every trip) whilst on overseas assignment to spend holidays with family there.

-Year 1:
52day absence was due to late entry as visa was valid from 1st Sep 2010 and we enteted UK on 23rd Oct 2010.
Year 3:
10day marked in magenta was a personal paid holiday.(Dont have any letter from company which mentions about the holidays taken then were paid, but my contract mentions about annual holiday allowance) (Issues/No-issues?)
Year 4:
27day absence was 2week oversea assignment transfer. Rest were paid holidays while being in employment.
Year 5:
83day absence was again overseas assignment and had 13days personal paid holidays while being in employment.

Thanks!

You are confusing yourself with two different things, the rule is simple, you can apply 28 days before your 5 years completion.

Now regarding your absences it does not exceed 180 days in an year and you are fine; you have to provide letter from employer explaining the reasons and possibly showing that these absences are work related and paid.

All the best.

tier1o wrote:You are confusing yourself with two different things, the rule is simple, you can apply 28 days before your 5 years completion.

Hey Thanks mate.

I understand the two different thing here but there is the third thing which says the continuous stay calculation will be backdated "from the date of application"? Can you please give me an example of how will the years be calculated if I applied on the 4th Aug 2015?

tot wrote:

tier1o wrote:You are confusing yourself with two different things, the rule is simple, you can apply 28 days before your 5 years completion.

Hey Thanks mate.

I understand the two different thing here but there is the third thing which says the continuous stay calculation will be backdated "from the date of application"? Can you please give me an example of how will the years be calculated if I applied on the 4th Aug 2015?

Hello there....please can anyone confirm the third point which iam querying?

Thanks in advance!

Alright let me try this again -
DOES THIS MEAN THAT ONCE THE APPLICATION DATE IS FINALIZED WE SHOULD RECALCULATE THE 5YR COMPLETION PERIOD BACKDATING FROM THE APPLICATION DATE?

Does anyone have answer to this here please?

Moderators, Can you please respond to the above query?

Thanks in advance.

The highlighted text is only valid if you are applying on the exact date of completing 5 years (31st of Aug 2015) or after this period.

If you are applying 28 days in advance, you would count from the date gives you the five years in UK (31st of Aug 2015). However you can apply 28 days in advance i.e. after any date from preferably the 5th of August 2015 and before the 31st of Aug 2015.

i.e.
Year 1
31st Aug 2015 - 1 Sept 2014
Year 2
31st Aug 2014 - 1 Sept 2013
..........

So Irrespective on the date you apply except it is after the 31st of Aug 2015, you would count as above.

Alright thank you quadusa.... Appreciate your feedback....your first post ever on this forum and you solve my query. Thanks again! .

Hello,

Did you get ilr as you have total absence more than 180 days in 5 last year.

thanks in advance.

bmaru wrote:Did you get ilr

tier1o wrote:5 years will complete on 1st Sept 2015 - can apply 28 days before this date (4th August 2015) -

bmaru wrote:as you have total absence more than 180 days in 5 last year.

tier1o wrote:provided you satisfy continued residence i-e not spent 180 days away in a 12 months period in the last 5 years.

Hello there,

I have been trying to use the Easy Immigration Travel Day Calculator from here : http://www.immigrationboards.com/indefi ... 64235.html

However I am not sure if it is working correctly? If we look at the below images the "full day outside UK" suddenly varies even when the length of stay is stretched over a continuous period Even in this one... Am I missing something....Any clue why?

Thanks in advance!

Alright got it...it only works if you paste all at once for the desired cell numbers, if you paste in parts it does show some discrepancies...Worth making a note on the sticky though. cheers

Hi there,

Basically under Immigration Rules Appendix A as here : https://www.gov.uk/government/uploads/s ... x_A_v3.pdf

"9. An applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant is not
required to score points for attributes if he:
(c) has not since been granted entry clearance or leave to remain in any
category other
than as a Highly Skilled Migrant or Tier 1 (General) Migrant."

Does this mean if I(Tier 1 (General) Migrant) have not switched to any other category since my last entry clearance, I shall not need score any points?

Can you please clarify or am I missing something?

Otherwise, If I do need to score, which in my case is 75 points(i think) does that now not include English proficiency points now as per the table in pdf link above?

I am asking this as during my extension I did earn 10 points separately for Eng language and 30 points for Qualification. The evidence i submitted for both was my Degree taught in English (Uni listed under the calculator).

Can anyone possibly shed some light on this please?

Thanks,
tot

tot wrote: Basically under Immigration Rules Appendix A as here : https://www.gov.uk/government/uploads/s ... x_A_v3.pdf

"9. An applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant is not
required to score points for attributes if he:
(c) has not since been granted entry clearance or leave to remain in any
category other
than as a Highly Skilled Migrant or Tier 1 (General) Migrant."

Does this mean if I(Tier 1 (General) Migrant) have not switched to any other category since my last entry clearance, I shall not need score any points?

Can you please clarify or am I missing something?

Ok so I now understand the above question is actually invalid, silly me.

However the one below is still valid. Can someone please shed some light please (Yes/No)

tot wrote: Otherwise, If I do need to score, which in my case is 75 points(i think) does that now not include English proficiency points now as per the table in pdf link above?

I am asking this as during my extension I did earn 10 points separately for Eng language and 30 points for Qualification. The evidence i submitted for both was my Degree taught in English (Uni listed under the calculator).

Can anyone possibly shed some light on this please?

Thanks,
tot

tot wrote:

tot wrote: Basically under Immigration Rules Appendix A as here : https://www.gov.uk/government/uploads/s ... x_A_v3.pdf

"9. An applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant is not
required to score points for attributes if he:
(c) has not since been granted entry clearance or leave to remain in any
category other
than as a Highly Skilled Migrant or Tier 1 (General) Migrant."

Does this mean if I(Tier 1 (General) Migrant) have not switched to any other category since my last entry clearance, I shall not need score any points?

Can you please clarify or am I missing something?

Ok so I now understand the above question is actually invalid, silly me.

However the one below is still valid. Can someone please shed some light please (Yes/No)

tot wrote: Otherwise, If I do need to score, which in my case is 75 points(i think) does that now not include English proficiency points now as per the table in pdf link above?

I am asking this as during my extension I did earn 10 points separately for Eng language and 30 points for Qualification. The evidence i submitted for both was my Degree taught in English (Uni listed under the calculator).

Can anyone possibly shed some light on this please?

Thanks,
tot

Hi Tot,

You just need to see the pg 10 and 11.

https://www.gov.uk/government/uploads/s ... 4_2015.pdf

Thanks

askhan wrote:

tot wrote:

tot wrote: Basically under Immigration Rules Appendix A as here : https://www.gov.uk/government/uploads/s ... x_A_v3.pdf

"9. An applicant applying for indefinite leave to remain as a Tier 1 (General) Migrant is not
required to score points for attributes if he:
(c) has not since been granted entry clearance or leave to remain in any
category other
than as a Highly Skilled Migrant or Tier 1 (General) Migrant."

Does this mean if I(Tier 1 (General) Migrant) have not switched to any other category since my last entry clearance, I shall not need score any points?

Can you please clarify or am I missing something?

Ok so I now understand the above question is actually invalid, silly me.

However the one below is still valid. Can someone please shed some light please (Yes/No)

tot wrote: Otherwise, If I do need to score, which in my case is 75 points(i think) does that now not include English proficiency points now as per the table in pdf link above?

I am asking this as during my extension I did earn 10 points separately for Eng language and 30 points for Qualification. The evidence i submitted for both was my Degree taught in English (Uni listed under the calculator).

Can anyone possibly shed some light on this please?

Thanks,
tot

Hi Tot,

You just need to see the pg 10 and 11.

https://www.gov.uk/government/uploads/s ... 4_2015.pdf

Thanks

Hey Thanks askhan,

It'd be nice to know why not page 12? That also reads about Eng language & maintenance points.

Thanks again!

Hey guys,

Two questions :

1. "A5. Country of earning (this is the country where the work was physically carried out)"
Out of my last 12 consecutive earning claim period I was on a overseas assignment for 3 month's. So my question is can I mention UK and India for this question?

2. I was out of UK for 199 days in total...so is it worth mentioning that my family continue to reside here in UK while I was away?

Thanks in advance, applying on 5th so will appreciate quick response please.. thanks again!

Hi there,

It'd be great if anyone could throw some light on it please?
Thanks again!

Q1: If you were paid by same organisation, yes mention UK and India.
Otherwise break you total earnings into two different earning sources i.e. One earning for each organisation

Q2: You don't have any issue with your absence. You may mention that but its not necessary at all. Since you are still within the allowed absence.


I guess you alright applied.

Hey thanks Quadsa,

Yes you're right i already got my ilr.

I did mention india and uk.

Thank you and everyone who spared their valuable time!