Immigrationboards.com

Dear Members,

I have been following the recent postings and would like to thank all for building such a valuable piece of information-base. Kudos!

In regards to my query, my Tier 1 (General) Visa runs out in May 2013, and I am considering applying for ILR on the basis of my continuous period from Apr 2007 to Apr 2012. Following is a detailed breakdown of my absences per consecutive year:-

Apr 2011 to Apr 2012 = 35 (annual vacation)
Apr 2010 to Apr 2011 = 16 (annual vacation)
Apr 2009 to Apr 2010 = 64 (annual vacation + other misc. trips)
Apr 2008 to Apr 2009 = 158 days (single, continuous trip for converting from WP to Tier 1 visa; application made in India; Tier 1 obtained May 2008, UK taxes paid for the entire year)
Apr 2007 to Apr 2008 = 54 (annual leave) + 66 = 120 days

I haven't come across a single thread where someone has applied for an ILR based on a continuous residence period, which ended 1 year before the ILR application date. Does anyone know if this is allowed? or is the UKBA only looking for the period, immediately before the application date?

The reasons I couldn't apply in Apr 2012 were: (1) already had a visa until May 2013 and (2) 180 day rule introduced in Dec 2012, which has enabled me to consider ILR application now.


Thanks All!

ILRQueryHelp wrote:Apr 2008 to Apr 2009 = 158 days (single, continuous trip for converting from WP to Tier 1 visa; application made in India; Tier 1 obtained May 2008, UK taxes paid for the entire year)
Apr 2007 to Apr 2008 = 54 (annual leave) + 66 = 120 days

The reasons I couldn't apply in Apr 2012 were: (1) already had a visa until May 2013 and (2) 180 day rule introduced in Dec 2012, which has enabled me to consider ILR application now.

It's not clear whether you applied to switch immigration categories from WP to T1G (which you could have done in-country; why did you leave the UK to make this application?) or whether your T1G application was made out-of-country after your WP expired. I'm trying to understand whether you had a break in countinuous residence. It may help answer your question if you provide the following:
1) WP EC date:
2) WP LTR expiry date:
3) T1G Application date:
4) T1G EC date:

You may find some of the information posted under the following topic useful. http://www.immigrationboards.com/viewtopic.php?t=130150

Note that there is no requirement for you to apply for ILR precisely when you become eligible to apply (Many applicants do this as they will not have extant LTR & also prefer to gain ILR as soon as possible). You can delay your ILR application if you have sufficient LTR after you become eligible. Note that merely having extant LTR, would not have stopped you from being able to apply for ILR as you stated in your first point. However, if you did exceed the allowed absence threshold then yes, that would have been a valid reason to delay your application.

From what I know UKBA counts 5 years from the data of application.
the 180 rule will apply for you from this period.

I went back to India to switch job and consequently Tier 1 visa application. My new employer wasn't ready to sponsor a UK visa.

1) WP EC date: Apr 2008
2) WP LTR expiry date: Feb 2009
3) T1G Application date: May 2008
4) T1G EC date: May 2008

ILRQueryHelp wrote:I haven't come across a single thread where someone has applied for an ILR based on a continuous residence period, which ended 1 year before the ILR application date. Does anyone know if this is allowed? or is the UKBA only looking for the period, immediately before the application date?

I misread this question. Reading this again, I understand you want to apply for ILR as an economic migrant now, but based on a residence period in the past. As far as I'm aware, this is not possible. (This is however possible for 10 year long residence applications.) Your ILR residence period would consist of 5 years counted back from your ILR application date.

Thanks! My entry to the UK after obtaining Tier 1 visa was delayed by more than 90 days, therefore I believe I don't qualify to apply for ILR now. but this is my understanding, i may be wrong as well.

The timeline for explaining the situation clearly is shown below:

Apr 2007 = Work permit stamped and first entry to UK; work permit valid until Feb 2009;
Feb 2008 = went back to India to switch job and apply for Tier 1 visa. My employer wanted me to join India office first, and then travel to UK;
May 2008 = Applied for Tier 1 visa in India; Visa stamped in May 2008; valid until May 2011;
Oct 2008 = I travelled to UK on Tier 1 visa (entry to UK delayed by more than 90 days after stamping);
May 2011 = Tier 1 visa renewed; valid until May 2013.

May 2013 = apply for ILR based on May 2008 to May 2013 period?
OR
apply for tier 1 visa extension again to cover the 90 days delayed entry period?
OR
apply for ILR based on Apr 2007 to Apr 2012 period?

ILRQueryHelp wrote:1) apply for ILR based on May 2008 to May 2013 period?
OR
2) apply for tier 1 visa extension again to cover the 90 days delayed entry period?
OR
3) apply for ILR based on Apr 2007 to Apr 2012 period?

You can eliminate option 3, as we are now in 2013.
As you yourself have stated, you will not qualify by May 2013, as you delayed entry on your T1G EC by around 5 months.
So the option you have is 2). You could try making a postal T1G application and vary it to ILR, if a decision is not made on it by the time you become eligible for ILR in October 2013. But whether or not this would be possible would depend on the T1G postal application processing times - they have improved significantly in recent times.

thanks!

Postal application is not a possibility here as it would be insane to live in a foreign country without passport! Never know what emergencies come up, God forbid.

Can I apply for a Tier 1 extension before 28 days of visa expiry date?

Getting an appointment in the 28 day window is difficult, given my experience with the booking system.

You can apply for an extension any day you want. I.e. you do not need to wait until 28 days before your visa expiry date.

Note that appointment slots are only released 42 days in advance. There are many topics about how and when to book an appointment online, which you can search for on this forum.