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Absence is NOT calculated in blocks of years. It is any continuous period.libra71pk1 wrote: ↑Tue Feb 25, 2020 2:11 amHi Zimba
Thanks for the reply. However, I am still confused as getting different opinions on my qualifying 3 years period for ILR application. Please read my point again and please give your expert opinion. This is really very critical for me now.
(Background)
My initial term visa was granted on 08/09/2014 and expired on 08/01/2018. During this period I invested over 200K and created 03 employment. However, I did not stay permanently in the UK except short trips. The date on which I came to stay permanently was 09/11/2017, this entry was made after a gap of more than 6 months form the previous entry.
From 09/11/2017 I remained within UK and applied my 1st extension on 02/01/2018.
The 1st extension was granted on 30/05/2018 till 30/05/2020.
In order to compensate my absence in 02 years, I adopted 03 years rout by cutting off my initial two years and created 10-12 jobs to apply ILR on 15/05/2020, a 15 days before the expiry of my 1st extension on 30/05/2020.
(Question)
I am planing to apply ILR on 15/05/2020 and calculating my 03 years backward rolling as follows:
Y1: 15/05/2020 to 14/05/2019 (I stayed in the for 218 days)
Y2: 15/05/2019 to 14/05/2018 (I stayed in the UK for 230 days)
Y3: 15/05/2018 to 14/05/2017 (I was not in the UK on 14/05/2017 and arrived on 09/11/2017 after a last gap of over 6 months but stayed continuously for 187 days till 15/05/2018)
I am calculating my Y3 in a manner that, in the second half of the year I was present in the UK for 187 days (between 09/11/2017 to 15/05/2018 and continued the stay towards Y2) but in the first half of the year (14/05/2017 to 09/11/2017) I was absent for 178 days, which is less than 180 days absence allowance.
Is my method acceptable? and can I apply ILR on 15/05/2020 or wait for 09/11/2020, which will create another mess that my current extension visa will be expired on 30/05/2020.
Please give a clear answer in YES or if it NO then what should I do?
Thanks and regards
Athar
If those are the numbers, you should be fine.libra71pk1 wrote: ↑Fri Mar 06, 2020 8:07 pmThank you very much for sharing the calculation sheet, I attempted but could not properly understood. However, but I shall be very grateful if you could please advise me using my dates that can I apply on 18/05/2020.
Departure Returned
03/03/2017 09/11/2017 250
10/06/2018 24/07/2018 43
14/09/2018 17/11/2018 63
05/02/2019 03/03/2019 25
10/04/2019 20/04/2019 9
09/08/2019 02/10/2019 53 (Continue staying in UK)
I am planing to continue my stay from 02/10/2019 till 18/05/2020 to make my last 3 years as qualifying period between 18/05/2020 to 09/11/2017.
Can you suggest me when my 3 years qualifying period are completed using the above dates.
Please help.
Based on the actual dates, you should qualifylibra71pk1 wrote: ↑Fri Mar 06, 2020 11:31 pmI apologize for incorrect numbers earlier.
Can you please confirm again that based upon my actual dates from the last qualified arrival of 09/11/2017, do I qualify to apply ILR on 18/05/2020 under 3 years accelerated rout? or I must wait to complete 3 calendar years? Zimba has given me positive answer on this already.
In case I do not qualify or for some reason I do not apply for ILR on 18/05/2020 and go for another extension instead then can you please help me to calculate the total required days of the stay in the UK and total numbers of absence are allowed from 30/04/2020 to 09/11/2020 to maintain the matrix according to your excel. Since you are the expert of this formula, you will take only few minutes to calculate, which will be a great help for me indeed.
In case 1, change the initial departure date to 18/5/17 as that is the relevant start date for your application.libra71pk1 wrote: ↑Mon Mar 09, 2020 5:38 pmThank you very much for you reply. I have used your excel sheet and made two following cases. I am sorry I cant insert the image or the excel sheet and made a copy paste the numbers from the sheet.
You answer will lead to conclude and close this log lasting discussion, which has become irritating for you probably.
Departure Return No. of days OK/NOK Travel days OK/NOK Travel days OK/NOK
1 03/03/2017 09/11/2017 250 NOK 250
2 10/06/2018 24/07/2018 43 43
3 14/09/2018 17/11/2018 63 106
4 05/02/2019 03/03/2019 25 131
5 10/04/2019 20/04/2019 9 140
6 09/08/2019 02/10/2019 53 193
7 18/05/2020
The above Case seems OK with Start on 09/11/2017 and Ends to apply ILR on 18/05/2020.
Departure Return No. of days OK/NOK Travel days OK/NOK Travel days OK/NOK Travel days OK/NOK
1 03/03/2017 09/11/2017 250 NOK 250
2 10/06/2018 24/07/2018 43 43
3 14/09/2018 17/11/2018 63 106 63
4 05/02/2019 03/03/2019 25 131 88 25
5 10/04/2019 20/04/2019 9 140 97 34 9
6 09/08/2019 02/10/2019 53 193 150 87 62 53
7 18/05/2020 09/11/2020 174 324 261 236 NOK
This above case is having a problem if Start on 09/11/2017 and if I consider three years Ends on 09/11/2020 (hypothetically in row #7, making NOK) but applying ILR on 18/05/2020 and taking the period between 18/05/2020 to 09/11/2020 as Absence or uncounted or whatever. However, practically, If I apply on 18/05/2020 then I will certainly be staying in the UK to wait for ILR decision from 18/05/2020 onward.
Please advise, which Case is more logical. Your answer will conclude this question indeed.
I am convinced for Case-1
No such requirementlibra71pk1 wrote: ↑Fri Mar 13, 2020 1:59 amHi
I came to know today a very new issue which has created another confusion in my matter that after the grant of 2nd extension there must be a gap of 12 months to submit ILR application even all other requirements are fulfilled like continuation of the employment, completion of qualifying period etc.
For example: If I have got a shortage of few months in qualifying period for 3 years ILR route to submit in November 2020 and go for 2nd extension now because my 1st extension is expiring on 30 May 2020 and got the 2nd extension in July 2020 then I will have to wait for July 2021 for ILR application and should keep continuing all 10+ jobs till July 2021 or otherwise forget 3 years route and go for normal 5 years to apply ILR in July 2022 with 02 employment.
Is this true and such condition is mentioned somewhere in the rules or guidelines?