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http://www.ukba.homeoffice.gov.uk/sitec ... evised-ilr#


UK Border Agency publishes revised guidance on ILR - calculating continuous period in UK

03 February 2011

We have today published revised guidance for calculating the 5 year continuous period for ILR.

The guidance can be found in our Modernised guidance - other cross-cutting information section.

These instructions are part of our internal guidance for UK Border Agency staff, which we publish under our commitment to freedom of information.


I came cross with this news update but when I tried to click the hyperlink in the news, but nothing is happening. Has anyone else found some useful information?

martincyy wrote:http://www.ukba.homeoffice.gov.uk/sitec ... evised-ilr#


UK Border Agency publishes revised guidance on ILR - calculating continuous period in UK

03 February 2011

We have today published revised guidance for calculating the 5 year continuous period for ILR.

The guidance can be found in our Modernised guidance - other cross-cutting information section.

These instructions are part of our internal guidance for UK Border Agency staff, which we publish under our commitment to freedom of information.


I came cross with this news update but when I tried to click the hyperlink in the news, but nothing is happening. Has anyone else found some useful information?

Copy and paste the hyperlink into Google, then you'll be able to get there.

Should be here I think, but it isn't:

http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/

Seniors,

How does Modernised Guidance differ from Immigration Directorate Instructions (IDIs) and which one will take higher priority when deciding ILR cases?

I don't see any real changes in the Modernised Guidance published today from the previous IDIs (Chapter 5) previously regarding calculation of continuous absence for Settlement? Has anyone else found anything new?

coolguycp1 wrote:Seniors,
I don't see any real changes in the Modernised Guidance published today from the previous IDIs (Chapter 5) previously regarding calculation of continuous absence for Settlement? Has anyone else found anything new?

Have you got a direct link for this?

wf wrote:Should be here I think, but it isn't:

http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/

Last item?

vinny wrote:

wf wrote:Should be here I think, but it isn't:

http://www.ukba.homeoffice.gov.uk/sitec ... cross-cut/

Last item?

The last item I see is "Transfer or refer a case" and the page was last updated on 17 January.

It's updated eventually

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Apart from the new item about Tier 2, it looks the same as before (phew).

jager wrote:Apart from the new item about Tier 2, it looks the same as before (phew).

yes, it seems a good news for T2 holder, but unfortunately, I have T1.

there have been no absences abroad (apart from those described above) and authorised employment or business has not been broken by:
o any single interruption of more than three months or
o interruptions that total more than six months.
• there have been significant absences abroad but the reasons for these were:
o compelling ones of a compassionate nature or
o to do with the applicant’s employment or business in the UK.
o no single absence abroad should be for more than three months at a time and they must not total more than six months.

By the way, these two paragraphs look conflicting. Does it actually mean if one single break is longer than 3 months or total break longer than 6 months, the residence is not continuous anyway for whatever reasons.

martincyy wrote:

jager wrote:Apart from the new item about Tier 2, it looks the same as before (phew).

yes, it seems a good news for T2 holder, but unfortunately, I have T1.

It looks the same as the existing T1 guidance (p. 17)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

jager wrote:

martincyy wrote:

jager wrote:Apart from the new item about Tier 2, it looks the same as before (phew).

yes, it seems a good news for T2 holder, but unfortunately, I have T1.

It looks the same as the existing T1 guidance (p. 17)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

It seems this is not allowed in T1

Tier 2 migrants
You can count the period between the migrant being granted entry clearance and the date they entered the UK towards the five year period providing it is no longer than three months.

Does the Tier 2 rule regarding calculation of continuous absence as per the Modernised Guidance apply to 5 year work permit holders too?

"Tier 2 migrants
You can count the period between the migrant being granted entry clearance and the date they entered the UK towards the five year period providing it is no longer than three months."

for the Tier2 does the above paragraph mean that we can count the five year period starting from the day the visa has been granted if we enter into Uk before 3 months after the visa is granted.Is it correct

And also does the above rule applies for Workpermit or just for Tier 2

And also 28 Day rule i. e we can apply for ILR 28 days before 5 yrs or we have to wait for full 5 yrs..?

Tier 2 migrants
You can count the period between the migrant being granted entry clearance and the date they entered the UK towards the five year period providing it is no longer than three months.



Any idea whether the same should be applicable for entry granted as a work permit holder?
My status = Work Permit (Entry Clearance) + Tier1 (Extension/Switch)

silversurfer wrote:Any idea whether the same should be applicable for entry granted as a work permit holder?
My status = Work Permit (Entry Clearance) + Tier1 (Extension/Switch)

No.


regards

sushdmehta

what about for workpermits.iam on workpermit on 5 year visa.Will i be able to apply for ILR from the day i got visa rather than the day i entered UK.Please let me know

I believe the allowance applies to WP migrants too - as I have stated before.


regards

thank you sushdmehta

thanks forum.. such a valuable information.

I am also on 5 year Work permit and was frustrated as my employer didn't had Sponsorship License and I was 8 days short! But this will defiantly boost confidence...
thanks

Sup

when is your ILR due? please post your experience as iam on workpermit and will be applying for ILR in July 2011.

i got my visa stamped on 1st of august 2006 and came to country on 22nd august 2006.Visa valid until 1st aug 2011.just need to know as a workpermit holder can i apply visa in 1st week of july as per the document published by homeoffice on 3rd of Feb "Indefinite leave to remain - calculating continuous period in UK "

You can qualify for the ILR to apply by anyway.. Calculate your 28 days before 22nd Aug....which will be last week of July... well before your visa expire...

I came 37 days late after stamping....so can't apply 28 days prior as visa will be finished... but hopefully this new rule will lift up...

hope this will help..

Hey Folks,

I've been reading, and reading, and reading and .... yip, reading - about the application process for UK ILR, then stumbled across this thread.

One of the requirements, according to Part 5, Point 192, Entry (ii):

http://www.ukba.homeoffice.gov.uk/polic ... les/part5/

(ii) he has spent a continuous period of 5 years in the United Kingdom in this capacity

My concern at this stage is the "continuous period", especially due to what has been said in this thread, because I fear I'm going to be screwed over by the "No single absence should total more than 6 months?" clause?

My situation is quite simple: Moved to the UK in April 2008. Left in December 2009, for 13 months. Returned in January 2011.

My questions:
1) Does this mean that I've lost my chance of getting the ILR because I was out of the country for longer than 6 months?
2) If so, how then does the '450 days' ruling fit in as per the Border Agency site?

Residential requirements
To demonstrate the residential requirements for naturalisation, you must have:
â– been resident in the UK for at least five years (this is known as the residential qualifying period); and
â– not spent more than 450 days outside the UK during the five-year period.

Thanks in advance

warrenh32 wrote:My concern at this stage is the "continuous period", especially due to what has been said in this thread, because I fear I'm going to be screwed over by the "No single absence should total more than 6 months?" clause?

My situation is quite simple: Moved to the UK in April 2008. Left in December 2009, for 13 months. Returned in January 2011.

I think the answer is that your ILR clock reset when you re-entered in Jan 2011 so you need to count your 5 years from last month.

I'm in a similar situation (left in Jan 2008 and returned approx 18 months later in June 2010). As far as I am aware, my clock reset and I have a total of 7 months residence for ILR purposes. (Not to mention I've already spent more than the allowed 18 months out.)

The 450 days applies to UK citizenship and isn't directly relevant to ILR.

warrenh32 wrote:2) If so, how then does the '450 days' ruling fit in as per the Border Agency site?

As it says, this is a requirement for naturalisation (citizenship), not settlement (ILR).

What was the reason for absence and what visa did you hold at the time? Have you returned on a new visa or the same?


regards