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Are 180 days from visa date OR first date of entry 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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zullu41
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Posts: 46
Joined: Tue May 27, 2014 11:49 am

Are 180 days from visa date OR first date of entry for ILR ?

Post by zullu41 » Tue May 27, 2014 12:27 pm

Hi,

I got my Tier-1 general visa on 18th Oct 2010. I made the first entry early Jan 2011 and remained in the UK for 1 week ( within 90 days ). I had a job in Dubai so went back there. I came here in UK again for 1 week in April 2011. I moved here permanently in Early July 2011. I have already done my first extension.

Based on this in the first year i spent 240 days outside UK if i count from the date of visa.
But only 170 days if i count from the date of first entry ( which is within 90 days ).

On the HO document "Indefinite leave to remain: calculating continuous period in UK"
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period as long as it does not exceed 90 days. This can occur if the applicant is delayed traveling to the UK.
The period of delay will not be counted as an absence if it does not exceed 90 days.If the delay is more than 90 days, none of the period between entry clearance being issued and the applicant entering the UK can be included in the continuous period calculation.


So my query is that do i qualify for ILR in Oct 2015 when my 5 years will be completed in UK ? i.e. 180 days rule for the first year is from visa date or from first entry date AND if it is from first entry date then do i qualify for ILR based on visa date ?


(As the extensions will not be done after April 2015 so i want to make sure that should i plan for extension or not)

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