ILR eligibility according to the new rule Jan 2013

[tier1_selfemployed]

Hi all,

Can someone please clarify if I would be eligible for ILR?

From today's date going back 5 years I have had continuous / overlapping leave to remain (Tier 2 WP and Tier 1 General). However I have been out of UK for continuous 3 months (in the 1st calendar yr) and continuous 9 months (split across calendar years 3 and 4 - 5 & 4 months). Will this be a problem or can I go ahead with ILR?

Thanks for your help.

[uksettlement]

From today's date going back 5 years I have had continuous / overlapping leave to remain (Tier 2 WP and Tier 1 General). However I have been out of UK for continuous 3 months (in the 1st calendar yr) and continuous 9 months (split across calendar years 3 and 4 - 5 & 4 months). Will this be a problem?.

It might be great if you first read this and then post queries if they still exist....
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[tier1_selfemployed]

Read this but got pretty confused and also wanted to take opinions from ppl who might have got it recently as I found few ambiguous statements and read in forums that a lot is left to the discretion of the CW. Thanks very much in advance

[db83]

@tier1_selfemployed - I'm in the same boat as yours and uksettlement had replied to my post. I've did my maths now and my absence is 189 days on a trot

The continuous policy statement doc says you shouldnt have no more than 180 days absence in consecutive 12 month period.

Say for example - you were out of UK for 9 months starting from October 2008 to June 2008...and you are applying for ILR on Feb 15 this year,...
your case looks okay (provided you prove your absence if u ver on WP with a employer letter).

However there quite a few ambiguous statements I've seen on UKBA...one of them says no more than 180 days absence in any 12 consecutive months.

Check link
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
and read through a few lines..

I'm planning to take a copy of the policy guidance to the PEO when I apply for my ILR (just to show to the CW) in case they ask on what basis I'm applying.

I'm taking the risk...but hey....spiderman ko bi risk lena padta hain !

[tier1_selfemployed]

Thanks very much Deepak.

My first break was between Dec 2008 to Feb 2009 --> 3 months
Second break between Dec 2010 to Aug 2011 --> 9 months.

Also during my second break I was on tier 1 not on company WP but traveled back to work out of India. Please let me know your feedback. Thanks again.

And good luck with your application Spiderman!

[db83]

@tier1_selfemployed - The first break as a WP holder - were you still getting paid in UK ? If yes, get a letter from the employer justifying your absence.
And the second bit - if you were out for a medical/compelling or compassionate reason...have an evidence for it.
The guidance says you need to have an evidence if it was for a compassionate/compelling reason. Read this post below...UKBA has replied to a member - whats right & whats wrong

http://www.immigrationboards.com/viewtopic.php?p=751279