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Posted: **Wed Feb 19, 2020 2:16 am**

Hi

My question is about the qualifying period.

I am planing to apply ILR using 3 years accelerated route before the expiry of 1st extension period to compensate my absence from the UK during the first 02 years of my initial 3 years terms.

My current 1st extension visa is valid till 30-05-2020. I am calculating my three years as follows:

15/05/2020 to 14/05/2019 ( I have stayed more than 200 days in the UK)
15/05/2019 to 14/05/2018 ( I have stayed more than 200 days in the UK)
15/05/2018 to 14/05/2017 (The problem is this year, I was absent for a longer period and came to UK on 9/11/2017 and then continued till applied and granted 1st extension on 30/05/2018. During this year I am taking the first half of the year (14/05/2017 to 9/11/2017) as my absence (less than 180 days) and second half (9/11/2017 to 14/05/2018) as my qualifying period (over 185 days continuous).

Can I do this?

Please advice

Regards

Athar Ali

Posted: **Wed Feb 19, 2020 2:17 pm**

your history and dates are unclear, you have mentioned you got extension in 2018 at the same time you want to go for accelerated route ??

have your created 10 different jobs ???? not employees or 5m turnover

Posted: **Wed Feb 19, 2020 2:45 pm**

As you got an extension, you need to show that you satisfy the turnover/job creation requirement DURING your extension period. So did you create 10 jobs (maintained for 12 months) since your extension was approved or has your business turnover reached £5m ?

Posted: **Wed Feb 19, 2020 5:00 pm**

Yes. I have created and maintained over 10 full-time employment for more than 12 months during extension period.

I am taking two years 2020-2019 & 2019-2018 for extension period and one year of the initial term for 2017-2018 qualifying period.

The rest of the requirements for 3 years accelerated rout are fine. I stayed second half of 3rd year of the initial term within UK for more than 185 days but was absent during the first half of 3rd year of the initial term. Means for the last 2 and half year from 15/05/2020 to 14/05/2017 I will be within UK out of 3 years to call it my qualifying period.

I hope I have explained the point now.

Posted: **Thu Feb 20, 2020 3:02 am**

As long as the absences were less than 180 days you should be fine

Posted: **Tue Feb 25, 2020 2:11 am**

Hi 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

Posted: **Tue Feb 25, 2020 2:31 am**

Yes. You will be fine as in your 12 month period, you will NOT have a gap of more than 180 days.

Posted: **Tue Feb 25, 2020 6:01 pm**

Thank you very much for your answer. I am really happy to know about it. Now I start preparing to apply my ILR on 15/05/2020.

Posted: **Wed Mar 04, 2020 1:57 am**

Hi Zimba

I am requesting once again my previous query because I have got different opinion for qualifying period to apply ILR.

I again summarize my problem.

My initial visa was granted in Sep 2014 till 08 Jan 2018. I have had completed all the requirement of 200k investment and 02 employees but did not stay in the UK for permanently till November 2017.
I arrived back to UK on 9/11/2017 after a gap of more than 200 days since last departure. Does it mean that my time clock was re-set on 9/11/2017?

However, I then stayed continuously in the UK from 9/11/2017 and applied the extension on 02/01/2018, which was granted on 30/05/2018 for two years. I am keeping my permanent stay in the UK and during the extension period I have created and maintaining 12 full time jobs to use 03 years ILR accelerated route.

My question is about my qualifying 03 years period. As per calendar 03 years from 9/11/2017 will be completed on 9/11/2020. I am fine with my qualifying days for 02 years period between 9/11/2017 to 9/11/2019.

The only issue with my immediate year of 9/11/2019 to 9/11/2020, what I am thinking that if I stay 190 days in the UK during the year of 9/11/2019 to 9/11/2020 ( which will be completed on 15/05/2020) then in this case can I apply ILR on 16/05/2020 by considering my remaining 175 days as meaningless period, of-course after applying ILR I will certainly be staying in the UK.

Is it must to wait till 9/11/2020 just to complete my 3 years on calendar?

or can I apply ILR on 16/05/2020

Please confirm. I am really confused from different opinions.

I will be very grateful for your kind advise.

Posted: **Wed Mar 04, 2020 6:07 pm**

Zimba wrote: ↑
Tue Feb 25, 2020 2:31 am
Yes. You will be fine as in your 12 month period, you will NOT have a gap of more than 180 days.

Posted: **Wed Mar 04, 2020 7:23 pm**

Hi Zimba

Thank you very much for your reply. However, you just paste your previous answer, and with due apology not clear to me, this is why I requested again.

I shall be very thankful if you could kindly confirm the following:

1. is my 3 calendar started on 9/11/2017 and ended on 9/11/2020 ?
2. is it must to wait till 9/11/2020 to complete 3 calendar years to apply ILR
3. Or when my 190 days are completed in the year of 9/11/2020-9/11/2019 on 15/05/2020 then can I apply ILR on 16/05/2020?

I have been advised by a immigration consultant that when CW will open my file, the first thing what he will see is my 3 years in calendar years, and based upon that he will immediately refuse my application without going into further details. However, I am not convinced from his opinion because CW should be concerned with my days spent in each year and on 15/05/2020 I will complete my 190 days for the year which will be ended up on 9/11/2020.

For me, the period between 16/05/2020 to 9/11/2020 is my allowance within 180 days and it should be my choice that I spend it in the UK or go out and then come back again to apply ILR around 9/11/2020. This looks me really a unrealistic approach. CW should consider that if I apply on 16/05/2020 then I will remain in the UK even for the days of my entitled allowance of 180 days.

Please take me our of this confusion and advice, should I wait till 9/11/2020 or go for 16/05/2020 option to apply ILR.

Posted: **Wed Mar 04, 2020 8:56 pm**

I told you that you are eligible. You are repeating you query over and over again which has no merit. Your consultant is talking rubbish

Posted: **Thu Mar 05, 2020 8:10 pm**

Thank you so much. Apologize for annoying you.

Posted: **Fri Mar 06, 2020 6:26 pm**

libra71pk1 wrote: ↑
Tue Feb 25, 2020 2:11 am
Hi 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

Absence is NOT calculated in blocks of years. It is any continuous period.

In your example, you were out of the country in Y1 for 147 days. In Y2, you were out of the country for 135 days. The chances are very high that there would be a block of 365 days between 15/5/18 and 15/5/20, where your total absence exceeded 180 days.

I created a basic tool for doing that calculation / indefinite-leave-to-remain/180-day-cont ... l#p1619229
Not a perfect one but it should give you an idea.

Posted: **Fri Mar 06, 2020 8:07 pm**

Thank 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.

Posted: **Fri Mar 06, 2020 10:05 pm**

libra71pk1 wrote: ↑
Fri Mar 06, 2020 8:07 pm
Thank 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.

If those are the numbers, you should be fine.

But this is very different from what you said earlier

15/05/2020 to 14/05/2019 (I stayed in the for 218 days)

According to your new table, in that period, you stayed in the UK for 365-53 = 312 days. Which is very different from the 218 you put in your original post.

Posted: **Fri Mar 06, 2020 11:31 pm**

I 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.

Posted: **Sun Mar 08, 2020 8:40 pm**

libra71pk1 wrote: ↑
Fri Mar 06, 2020 11:31 pm
I 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.

Based on the actual dates, you should qualify

Posted: **Mon Mar 09, 2020 5:38 pm**

Thank 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

Posted: **Fri Mar 13, 2020 1:47 am**

Hi

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?

Posted: **Fri Mar 13, 2020 1:59 am**

Hi

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?

Posted: **Fri Mar 13, 2020 5:30 am**

libra71pk1 wrote: ↑
Mon Mar 09, 2020 5:38 pm
Thank 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

In case 1, change the initial departure date to 18/5/17 as that is the relevant start date for your application.

And in case 2, not sure why you consider the period between 18/5 and 9/11 as absence if you are in the country

Posted: **Fri Mar 13, 2020 5:30 am**

libra71pk1 wrote: ↑
Fri Mar 13, 2020 1:59 am
Hi

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?

No such requirement

Posted: **Sat Mar 14, 2020 12:03 am**

Many thanks for the reply.

Posted: **Sat Apr 18, 2020 7:48 pm**

Hi Dears

I am once again appearing with a new situation in COVID-19 HO & HMRC guidelines.

Background
I am on Tier1 Entrepreneur visa, which was granted in September 2014. My 200k investment with 02 employments was already approved during my initial leave term against to that my extension was granted in May 2018. In order to compensate some extra absence over to the allowance during my initial leave period, I then took the rout of 10+ FTE employments category during the 1st extension leave period, which was granted in May 2018 and expiring on 30 May 2020.

Status
During the extension leave period I have had created 10+ FTE employment since February 2019 and they are continued till today. Based upon my qualifying 03 years continuous period, I will be able to apply ILR on 15 May 2020.

Query
My query is about my employment payroll for the month of April 2020 under COVID-19 Job retention scheme vs my claim of the employment keeping into consideration that;

A) I already have maintained 10+FTE employment for the last 14 continuous months then should I continue all the employment at least till 30 April 2020, which would be the 15th month of 10+FTE and last payroll FPS/RTI before applying ILR on 15 May 2020?
B) Or I can Furlough some employees now and this will not affect my employment claim and ILR application because 10+ FTE requirement has already been fulfilled till 31 March 2020.

Kindly Confirm, which option should I take, A or B.

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