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ILR - Calculating Continuos period in the UK

Posted: Tue Mar 18, 2014 5:31 pm
by Leonardard
Hi all

I am currently in the process of gathering information for my ILR application.

I would be grateful if you could assist to answer my question below:-

My first entry to the UK was on 7th Feb 2009 under Work Permit.
I stayed until 30 April and went back to Japan to apply for Tier 2 visa to come back to UK. I obtained Tier 2 (Intra-company) on 1st June 2009.
I re-entered UK on 29th 2009 June under Tier 2 (Intra-company) and stayed on. I subsequently switched my visa to Tier 1 (General) in March 2011.

From my fist entry (Work Permit) i have passed 5 years of continuous stay in the UK. Can you please let me know if I am eligible to apply for my UK Indefinite Leave to Remain now? or do I have to wait until June when I entered the country until Tier 2 to be eligible for the 5 year continuous stay?

Re: ILR - Calculating Continuos period in the UK

Posted: Wed Mar 19, 2014 11:30 am
by Leonardard
Hi Can anyone please shed some light on my question?

Re: ILR - Calculating Continuos period in the UK

Posted: Thu Mar 20, 2014 6:34 am
by Amber
The earlier date, if:

UKVI wrote:The continuous period is maintained if the:

 applicant leaves the UK without valid leave, but re-enters with new entry clearance
within 28 days of their leave expiry date, or
 applicant leaves the UK with valid leave and re-enters the UK whilst that leave
remains valid, provided the absence(s) do not exceed 180 days in a relevant 12
month period.

Re: ILR - Calculating Continuos period in the UK

Posted: Thu Mar 20, 2014 4:13 pm
by Leonardard
Thank you Amber.
I checked through this. My situation is slightly different as I re-entered with a different visa (Tier 2 ICT).
Whilst my fist work permit was still valid. (Feb 2009 - August 2009). I would think I can count my continuos period from Feb 2009.. Can anyone who was in such situation confirm my assumption please?
Thanks