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ILR Continuous Residence Query

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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greensal80
Newly Registered
Posts: 5
Joined: Sun Jan 22, 2012 2:28 pm

ILR Continuous Residence Query

Post by greensal80 » Sun Jan 22, 2012 2:45 pm

Hi guys,
This is my first post, any guidance would be greatly appreciated!

I am an Australian who has been working in the UK since 2005. My visa history is as follows (Visa type, Validity dates):

Working Holiday, 12/07/05 - 12/07/07
HSMP, 11/04/07 - 11/04/09
Residence Permit (Tier 1)- 11/4/09 - 11/4/12

Question 1 - ILR Eligability
While my HSMP visa was valid from 11/04/2007, I did not enter the UK on this visa until the 24/04/2007 (a discrepancy of 13 days). Given that I need to apply for ILR 28 days before my current visa expires - would I still be regarded as having 5 years continuous residence in the UK?

Question 2 - Absences from the UK
Over the past 5 years I have been outside of the UK for a total of 258 days. 87 of these were short absences with paid leave. While I no longer have payslips for that period, I can get a letter from the HMR&C to show tax & NI contributions for these dates. Most of the other absences were also short stays, however I was working as a contractor at the time and as such did not receive paid leave.

The longest absence from the UK was 87 days, during which time I was in New York to take some work-related courses (however I quit my job to do so.) During this time I exclusively used my UK bank account, but did not pay rent in the UK.

As no absence was over 90 days, and disregarding paid annual leave (bringing the total from 258 to 171 days)- would I still be eligible for a straightforward ILR application?

As I said, any guidance would be hugely appreciated! :o

1sppandey
Junior Member
Posts: 75
Joined: Wed Jan 18, 2012 5:34 pm

Post by 1sppandey » Sun Jan 22, 2012 5:55 pm

As for your first query, your time in uk starts from the date you entred UK

As for your second query, its surely a bit complicated and it surely not a very straightforward application as most of your absenses cant be proved as paid leave but dont take my word as final. I think some of the more experienced member may be able to advise on that.

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