NeedHelpThisTime wrote:Thanks for your responses.
I have just spoken to two solicitors and additionally confirmed the *debated* point re. absences / delayed entry with a colleague who has got his ILR stamped a week back.
wpilr_nov12: Pg 12 reads "The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence."
so it doesn't say what your statement says "If your first entry is after 90 days of visa stamp, then your count begins from entry date. Page 12 of the earlier referred document."
uksettlement/Sohel: "Also, the 180 days permitted out of the country is for absence and not for delayed entry. Delayed entry is allowed for 90 days." This interpretation is questionable as there are no words such as 'allowed' used in the UKBA doc. If you were to reword the last line, which is:"Provided the period of delay does not exceed 90 days, it will not be counted as an absence" it could also mean: if the period of delay exceeds 90 days, it will be counted as absence. But that wording is questionable again!
As confirmed to me by the two solicitors and the colleague (who was 112 days delayed in entering UK from the date of stamping), according to their experiences:
1. a max of 180 days absences are allowed in a year and
2. if the period between the date of stamping to date of entry exceeds 90 days, it is counted as absence, which again could be a max of 180 days.
Don't know how true this is, but I am just playing devil's advocate here.
Thanks!
I would be interested to find out the outcome of your application, if you do consider the time between EC & date of first entry towards your 5 year residence.
It is interesting what you say about your colleagues case. My understanding of the purpose of the following statement, in the past was that it was introduced by the UKBA to accomodate applicants who would have been granted LTR for the exact residence period required, & therefore to avoid them having to extend their LTR to cover a few extra months they decided to allow a reasonably short delay (i.e. 3 months) in entry to be counted towards their residence period. "
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK."
This rule however has been used by most applicants including those who have over and beyond the required LTR to cover their residence period as well.
The statement which I feel may give what you say a chance is "
Provided the period of delay does not exceed 90 days, it will not be counted as an absence". This is something new in the guidance released in December 2012 and to me, initially appeared to be, a slightly strange statement based on my former understanding. I.e. how can that period be considered an absence when you would have had to have entered the UK, in order to be absent in the first place.
It appears that the initial intent and how the rules and guidance are worded today are rather different, and subject to individual interpretation.
Do let us know the outcome of your application once you have applied, as I'm sure this will be useful for others who are in a similar situation to you in the future.
