Tier1 to ILR - 6yrs complete - Continuous Residence Doubt

[nirav.shah83]

Hello All,

I have been reading this forum for a couple of weeks and have found a lot of information to help with my case. However I am still not certain if I should apply for my ILR or go for another Tier 1 extension.

So I thought I'd ask all the elders and experienced folks out here.

I plan to send my ILR application in April 2013.

I first entered the UK on - 9th December 2006

My total days of absence from UK (Holidays and Work etc.) comes to 291 days. I dont exceed 180 days in any consecutive 12 months.

But I do have a break of 118 days (taken together) in 2008.
I resigned from my existing job and had to serve a notice period in India from 30/08/08 - 26/12/08.

I will send them a detailed cover letter with my letter of termination and letter of new employment, but I don't expect to receive any other supporting evidence from my past company.

Can you'll please advise if I should go ahead with he ILR application or should I go for another Tier 1 extension?

Many Thanks!
Nirav

[wpilr_nov12]

....
But I do have a break of 118 days (taken together) in 2008.
....

If you could give a chronological order of events, with full dates, you would get better advice.

Info required - intial qualifying visa issue date, date of entry/exit, etc... current visa expiry..

[nirav.shah83]

Thanks Guru wpilr_nov12

Please find details below

Initial qualifying visa issue date - Work Permit - October 2006.

Date of Entry into UK - 09/12/2006

Switch to Tier 1 from WP - 01 August 2008

Exit from UK - 30 August 2008

Entry back into UK - 26 December 2008

Tier 1 Renewed - June 2011

Current Tier 1 Expiry - June 2013

[tokarthik]

Hi Nirav
Hope you are eligible as mine also the same case.Now i am planing do with whiterosesoliciter as i dont want to take risk..

karthik

Thanks Guru wpilr_nov12

Please find details below

Initial qualifying visa issue date - Work Permit - October 2006.

Date of Entry into UK - 09/12/2006

Switch to Tier 1 from WP - 01 August 2008

Exit from UK - 30 August 2008

Entry back into UK - 26 December 2008

Tier 1 Renewed - June 2011

Current Tier 1 Expiry - June 2013

[nirav.shah83]

Just found this (and it got me very excited !!) - though will post it here for other peoples reference.

As per the changes made in the rules, Theresa May released this statement on 22 November 2012

http://www.homeoffice.gov.uk/publicatio ... rules-wms/

It states:

"Applicants for settlement on the basis of work or economic activity in the UK must complete a continuous period of lawful residence in the UK – usually 5 years with exceptions for some Tier 1 Investors and Entrepreneurs and some Highly Skilled Migrant Programme migrants. Although it has been our practice to permit some absences from the UK during this period, the length of the short absences has not been specified.

I am making changes to the Immigration Rules for indefinite leave to remain for work permit and other pre-Points Based System employment, for businesspersons, innovators, investors, self-employed persons, writers, artists and composers, those here on the basis of UK Ancestry and for Tier 1 General, Tier 2 General, Sportsperson and Minister of Religion migrants and retired persons of independent means. These changes clarify that absences of up to 180 days in a 12 month period are permitted, provided the absence is for a reason that is consistent with the migrant?s purpose of stay in the UK or for serious or compelling reasons."

[uksettlement]

You definitely will get it. No solicitor nor any documents needed. Refer to this response from ukba...
http://www.whatdotheyknow.com/request/c ... ermited_ab

Thanks!
Sohel

[wpilr_nov12]

My total days of absence from UK (Holidays and Work etc.) comes to 291 days. I dont exceed 180 days in any consecutive 12 months.

....But I do have a break of 118 days (taken together) in 2008.
I resigned from my existing job and had to serve a notice period in India from 30/08/08 - 26/12/08....
Nirav

Just out of curiosity, why would you have to serve any notice period outside of UK?

[nirav.shah83]

Thanks Sohel !

That link is very helpful. I shall now start preparing my ILR application

@wpilr_nov12 - I worked for an Indian company, they had offices offshore and wanted me to serve notice there for transitioning to other folks....

[wpilr_nov12]

Were you paid in UK during that period? Did you maintain a base in UK?