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ILR eleigibility

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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jammie_pl1
Newly Registered
Posts: 17
Joined: Fri Apr 23, 2010 7:28 pm

ILR eleigibility

Post by jammie_pl1 » Mon Jul 13, 2015 3:59 pm

Hi Seniors,

I have some queries regarding ILR eligibility clock.

Is the duration of stay starts from the day the person arrives in UK. I have a situation in which my date of arrival is bit late. e.g.

got my first tier 1 - jan 4 - 2011
arrived in uk for couple of days on apr 16 2011 (more than 90 days of first visa recvd)
Again came back on Oct 2011
continuing till now with some 3-4 weeks usual absence each year and all documents ready for ILR

My question is if I calculate, the earliest i am eligible for ILR is on May 2016 considering not more than 180 days of absence each year.Can I apply for ILR on May 2016 even if I was not there in UK on May 2011. Otherwise I have to apply on Oct 2016 as from Oct 2011 I have been in uk but that affects something else in terms of my depndant application.
Can someone tell me if one has to present on day 1 of 1st year if you calculte 5 years from May 2016.

Hope I am able to explain my situation. Please suggest.

Thanks
Jammie

secret.simon
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Posts: 11600
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR eleigibility

Post by secret.simon » Mon Jul 13, 2015 4:32 pm

jammie_pl1 wrote:Can someone tell me if one has to present on day 1 of 1st year if you calculte 5 years from May 2016.
That is a requirement for citizenship, not ILR.

If your current visa allows it, I would recommend applying in October 2016 to be on the safe side. You could apply in May 2016, but I would err on the side of caution.

jammie_pl1
Newly Registered
Posts: 17
Joined: Fri Apr 23, 2010 7:28 pm

Re: ILR eligibility

Post by jammie_pl1 » Wed Jul 15, 2015 4:09 pm

thanks simon for reply.

if i want to apply for ilr in may 2016 then what is the date i need to put for the 1st date of arrival.
I was not there in may 2011 but was there in april 2011. if i put down april 2011 then i am exceeding 180 day leave.
any suggestion.

thnx

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: ILR eligibility

Post by geriatrix » Wed Jul 15, 2015 7:32 pm

jammie_pl1 wrote:what is the date i need to put for the 1st date of arrival.
Nothing but the truth, i.e.- 16 April 2011 ..... no matter when you apply!
Life isn't fair, but you can be!

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Re: ILR eleigibility

Post by geriatrix » Wed Jul 15, 2015 7:48 pm

secret.simon,

I have edited your post ... to desist people from asking queries regarding dependant FLR in this topic / ILR forum.
Life isn't fair, but you can be!

jammie_pl1
Newly Registered
Posts: 17
Joined: Fri Apr 23, 2010 7:28 pm

Re: ILR eleigibility

Post by jammie_pl1 » Thu Jul 16, 2015 11:46 am

Hi sushmehta,

If I put the first date as april 16 2011, I am exceeding 180 days leave in a year. What is the success chances of my application.
But my application cycle is May 2011 to May 2016 and I will apply in may 2016. Can the case worker calculate the duration from May 2016 backwards 5 year or is it calculated from day of first arrival.

Thanks
Jammie

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