Will I get ILR?

[developer101]

Hello Eveyone,

I am on Tier 1 General Migrant visa. I have few series of questions regarding ILR (Indefinite Leave visa). I willl try to make this short.

I got Tier 1 in April 2009. I enterned in the UK in 5th November 2009. So theoritically on 5th of November 2014 I can apply for ILR as 5 years will be completed , am I correct?

Now I am concerned about the duration of stay. I entered in the 5th of November 2009. Due to some valid reasons in the year of 2010 I travelled twice to home for 2 and half months each. So like for 5 months and bit more I have been away so far from UK.

In 2011 I never went home till this date. Next week I am travelling back home just for 2-3 weeks on annual holiday from company.

In 2013 and 2014 I want to take holidays as well and leave on annual holidays (30 days paid a year) which should be fine.

Now my main question is based on my absences from UK as above (I am more concerned about absenses in the year of 2010) will I get ILR if I apply it in 2014 completing 5 years or will it be there a chance of rejection?

Your help will be appreciated.

Thanks,

[Lucapooka]

Previously, absences of less than 180 days during the five year period were permitted - so you are, in any case, well under that threshold.

New guidance will be published on 13 December that permit longer absences from the UK. However, before you or anyone else gets excited about this, it is very likely that beyond a nominal period for annual leave, only genuine business absences will be counted. So, wait for the news (it will be widely discussed on this forum) and if your absences are extensive yet of a business nature, you should have problems.

[developer101]

Thanks for reply. But as I been out for 5 months alone in 2010 will that cause problem?

As I plan to take holidays in 2013 and 2014 (annual holdays from company) I might cross 180 days threshold. Will that again cause issues?

Thanks