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Absent Period more than 11 months

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

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razian97
Member
Posts: 228
Joined: Fri Aug 20, 2010 7:10 am
Location: Leeds,west Yorkshire
United Kingdom

Absent Period more than 11 months

Post by razian97 » Tue Oct 23, 2012 9:21 pm

Hi All,
My Case Summary is as follows.

Entry Clearance visa issued on 27 February 2004
came to uk on 19 April 2004
Tier1 visa issue date: 25 February 2009
went to home country on 30 March 2009
Returned to UK on 28 February 2010 after 11 months

now I have got Tier1 extension till May 2014.

My 10 year long Residence will complete on 26 Feb 2014
My 5 Year Tier1 period for ILR will complete on 25 Feb 2014.

I am really worry about the absent period which is more than 11 months .


should I prepare myself for another Tier1 visa extension?
or
Still am I eligible for ILR on 10 year long Residence ?

Please Help

Regards
Razian

pokhreligautam
Newbie
Posts: 42
Joined: Sat Jan 28, 2012 10:49 pm

Re: Absent Period more than 11 months

Post by pokhreligautam » Tue Oct 23, 2012 11:38 pm

razian97 wrote:Hi All,
My Case Summary is as follows.

Entry Clearance visa issued on 27 February 2004
came to uk on 19 April 2004
Tier1 visa issue date: 25 February 2009
went to home country on 30 March 2009
Returned to UK on 28 February 2010 after 11 months

now I have got Tier1 extension till May 2014.

My 10 year long Residence will complete on 26 Feb 2014
My 5 Year Tier1 period for ILR will complete on 25 Feb 2014.

I am really worry about the absent period which is more than 11 months .


should I prepare myself for another Tier1 visa extension?
or
Still am I eligible for ILR on 10 year long Residence ?

Please Help

Regards
Hi
Based on the information provided it is clearly seen that you have broken the continuous residence for 10 years long residence purpose being absent from the UK for more than 6 months in one stretch.
I am afraid that your clock has stopped at that point so you have to make 10 years from 28 February 2010.

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

Post by geriatrix » Tue Oct 23, 2012 11:53 pm

The earliest you may be eligible for settlement is Feb 2015.
Life isn't fair, but you can be!

razian97
Member
Posts: 228
Joined: Fri Aug 20, 2010 7:10 am
Location: Leeds,west Yorkshire
United Kingdom

Post by razian97 » Tue Oct 23, 2012 11:57 pm

sushdmehta wrote:The earliest you may be eligible for settlement is Feb 2015.
Thanks Sushdmehta for reply

you mean, I will have to apply for an other Tier1 Extension in 2014?
Razian

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Thu Nov 08, 2012 11:35 am

razian97 wrote:you mean, I will have to apply for another Tier1 Extension in 2014?
Yes, that's correct. Your ILR clock was reset on 28 February 2010 due to the 11 month absence you have mentioned.

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