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When to apply for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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grreg
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When to apply for ILR

Post by grreg » Mon Aug 07, 2017 8:48 pm

Hi - I have been reading the Calculating my continuous period in UK for ILR application document and just want to get a 2nd opinion to make sure I have my thoughts correct.

My first Tier 1 Entrepreneur visa was granted Jun-2012
I spent in excess of 180 days outside UK and returned on 20-Jun-2014. From that date forwards I have not been outside the UK for more than 180 days in any 12 month period.

Working backwards from 5 years of my planned date of ILR application I work it out to be.

year 1 – 20 December 2017 to 19 December 2018
year 2 - 20 December 2016 to 19 December 2017
year 3 - 20 December 2015 to 19 December 2016
year 4 - 20 December 2014 to 19 December 2015
year 5 - 20 December 2013 to 19 December 2014

I was not present in the UK on 20-Dec-2013 but I think that is only a requirement for BC applications and not for ILR.

So I have 2 questions please.

I calculate that I can apply for ILR on 20-Dec-2018, which is 4.5 years since my last big trip abroad. I think I fulfil the 180 days in the UK per year requirement.

And in addition I can apply 28 days before this date, which makes it approx 22-Nov-2018?

Does that look correct?

grreg
Junior Member
Posts: 62
Joined: Thu May 31, 2012 10:38 am

Re: When to apply for ILR

Post by grreg » Tue Aug 08, 2017 3:14 pm

I have been thinking about my situation more.

My wife was also granted her (dependant) visa in Jun-2012.

I understand that SET(O) does not consider her time out of the country. (She also had the same extended absence mentioned above).

So as she has now been her for 5 years can she apply for ILR while I need to renew my Tier 1 (Entrepreneur) visa?

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CR001
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Re: When to apply for ILR

Post by CR001 » Tue Aug 08, 2017 3:28 pm

A PBS dependent is not able to apply for ILR on their own based on 5 years residence if the main PBS migrant is not also applying at the same time (based on 5 years residence NOT 10 years LR).

For info, as she is pre 9th Jully 2012, she is under the 2 year route but again, will only qualify when you do.

She will have to renew her visa with you if it expires at the same time as yours.
Char (CR001 not Casa)
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grreg
Junior Member
Posts: 62
Joined: Thu May 31, 2012 10:38 am

Re: When to apply for ILR

Post by grreg » Tue Aug 08, 2017 3:50 pm

Thanks CR001 for the clarification - it didn't seem sensible which is why I asked.

Could I ask for your thoughts on my initial post in this thread?

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CR001
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Re: When to apply for ILR

Post by CR001 » Tue Aug 08, 2017 4:00 pm

If you have no single absence in any 12 month cycle, of 180 days or more, then you should be fine.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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