advice needed ilr

Hi

Dear members I need an advice on my case. I got initial hsmp granted in may 2006 (leave to remain ), I extended my visa in july 2008 till july 2011. but due to unavoidable reasons I went to india in 07th oct 2008 and returned back to uk on 5th oct 2009. (break of 363 days ). So I had to go for another extension in july 2011 and got the visa untill 15 th aug 2014. my query is when iam eligible for ilr. ?

Please advise

ramesh_007 wrote:Hi

Dear members I need an advice on my case. I got initial hsmp granted in may 2006 (leave to remain ), I extended my visa in july 2008 till july 2011. but due to unavoidable reasons I went to india in 07th oct 2008 and returned back to uk on 5th oct 2009. (break of 363 days ). So I had to go for another extension in july 2011 and got the visa untill 15 th aug 2014. my query is when iam eligible for ilr. ?

Please advise

See theFAQs You will definately get the answers there. Focus on question 16 and 17.

Hi Ramesh,

In your case I am afraid there was a break in the continuous period. So according to me the clock got reset and started again from 5th Oct 2009. So you should be eligible for ILR 28 days before 5th Oct 2015. Given that UKVI is going to close renewals from April 2015 I guess it might be better for you to get another extension before that to be on safer side.

However, I am no expert and this is based on my understanding. I would recommend you get professional advice as there is lot of money involved her (assuming you will go for same day application for extension in Aug 2014 and then apply for ILR in Oct 2015)

hi rajendra

thanks for your reply. you mentioned that iam eligible for ilr in oct 2015 instead of oct 2014(it could be typo error aswell),. so according to you i should go for extension for just 25days.

You can split your 363 days absent into two years and ( 180 and 183) and work out using the table mentioned in page 19

go2khurram wrote:You can split your 363 days absent into two years and ( 180 and 183) and work out using the table mentioned in page 19

Also wait for sr. member to comment on this... I still can see a hope that you can apply around august time.

Thanks khurram for your support. iam hoping that I can apply for ilr without going for another extension.

Hi Ramesh,

Do apologise for the error I think you complete 5 years in Oct 2014. As suggested by another member of the forum please wait for a senior memeber to provide their guidance, may be they know a way out.

I made enquiry with ukvi and i got the following Email from them. so i assume that continutiy is not broken in my case and i can apply for ilr now.

Any suggestions ?

Thank you for your enquiry.

Please be advised that I have made further enquiries on your behalf and have been advised that you will need to follow the information

found in the guidance for calculating the continuous residence. (Please see link below)



https://www.gov.uk/government/uploads/s ... eriods.pdf



So if your application is made in July they will consider the absences from July 2014 – back to July 2009 to confirm if you fall within the



allowed absences.

The following will be absences if I go for ilr in july 2014.

july 14- july 13 - 0 days
July 13 - july 12- 0 days
July 12- july 11 - 0 days
July 11 - july 10- 0 days
July 10- july 09 - 100 days
July09 - july 08 - 265 days

As thesingle absence of 265 days does not fall in 5 year period, I assume that iam eligible for ilr. But when I spoke to an advisor at homeoffice. Iam being told that the continuity was broken and the fresh count starts from. oct 2009 and I will eligible in sept 2014 which I dont agree. Please seniors give me suggestions