ILR Continuity Calculation confusion for Tier 1 (General)

[atul_verma]

Hello friends,
I am tier 1 (General) holder which is due to expire on April 2013 and I'll apply for extention which will be for next 2 year but my ILR settlement is due on October 2013 (October 2008 to October 2013). So as per continuity calculation my total aggregated spent days away from UK till October 2013 are 173 which includes a long single stretch of 134 days away when i was on secondment in NZ from my company based in India and i was not getting any salary in UK . Not sure whether I'll be granted ILR settlement ? will that be considered as continuity broken or not ? as i am still not crossing the limit of 180 days in 5 years as per -

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

To make it more clear -

28 Nov 2009 - 8th Dec 2009 = 11 days (Holidays with employment in UK)
2 oct 2010 - 13th Feb 2011 = 134 days (transfer/secondment in NZ)
14 Dec 2011 - 10th Jan 2012 = 28 days (Holidays with employment in UK)
-------------------------------------
Total = 173 Days
--------------------------------------

Any suggestion and help is much appreciated ,
Many thanks in advance.

[wpilr_nov12]

Besides the absence, which is hoped to be amended/clarified/codified in the upcoming rules changes, do you meet the requirements via T1 route?

[atul_verma]

Hi,
As i understand your question, I think I meet other requirements via T1. During my continuity calculation , i was holding two visas -

Work Permit - from October 2008 till April 2010
Tier 1 (General) - from April 2010 till April 2013 ( which is due to extension by April 2013 ). and after extenstion it'll be till April 2015.

Please let me know ii this answer your question.

Thanks.
A

[aliq09]

Hi ,

IMO , as you are on TIER1 ( General) , continous residance has been broken at

2 oct 2010 - 13th Feb 2011 = 134 days (transfer/secondment in NZ)

It will reset your ILR clock i am afraid ! and if i am not wrong it will be now in 13 FEB 2016 .

Many Thanks

Hello friends,
I am tier 1 (General) holder which is due to expire on April 2013 and I'll apply for extention which will be for next 2 year but my ILR settlement is due on October 2013 (October 2008 to October 2013). So as per continuity calculation my total aggregated spent days away from UK till October 2013 are 173 which includes a long single stretch of 134 days away when i was on secondment in NZ from my company based in India and i was not getting any salary in UK . Not sure whether I'll be granted ILR settlement ? will that be considered as continuity broken or not ? as i am still not crossing the limit of 180 days in 5 years as per -

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

To make it more clear -

28 Nov 2009 - 8th Dec 2009 = 11 days (Holidays with employment in UK)
2 oct 2010 - 13th Feb 2011 = 134 days (transfer/secondment in NZ)
14 Dec 2011 - 10th Jan 2012 = 28 days (Holidays with employment in UK)
-------------------------------------
Total = 173 Days
--------------------------------------

Any suggestion and help is much appreciated ,
Many thanks in advance.

[atul_verma]

Thanks Ali,

But i am still not convinced that only option for me to get ILR in Feb 2016. As i have seen some cases where someone's ILR granted when he was away for more than 120 days in single stretched but supported by evidence and required documents. As i am still not away for more than 180 in 5 years duration.

I was out of UK for work and this can be supported by employer , will that work ?

many thanks

[atul_verma]

Hi,

As new ILR immigration rules are out on 13/12/2012 , do you think it'll give strength to my case . should i go ahead with my application ? or wait till Feb 2016.

Thanks

[SriGan]

Hi All,

I am on Tier 1 Gen Visa and have exceeded the 90 days absence in singles stretch. This was for Business Trip for Offshore Operations (105 days). Got Employer Letter also.Other than this in each year, i have no leaves extending more than 180 days.

Am I eligible to apply? Will my application gets rejected straight away?

regards,
Manikandan R