ILR under Tier 1 - New rules from 13 Dec 2012

[kishor_mit]

Hi,

According to the new Permitted Absence rules for Tier 1(General) which are applicable after 13th Dec; could you please advise me whether I'm eligible for ILR?

Initial grant of leave was on - 4th April 2008 (HSMP)
1st extension application - 4th April 2010 -Tier 1(G)

After getting my initial HSMP visa, my first entry to the UK was in August 2008. Hence the delay of 130 days. As this is less than 180 days of absence, can I apply for ILR without providing any evidence?

Assuming 13 Feb is my date of ILR application.

Absences during last 5yrs Period:
--------------------------------
1 year - 13 Feb 2013 to 12 Feb 2012 (42 days absence)
2 year - 13 Feb 2012 to 12 Feb 2011 (25 days absence)
3 year - 13 Feb 2011 to 12 Feb 2010 (51 days absence)
4 year - 13 Feb 2010 to 12 Feb 2009 (23 days absence)
5 year - 13 Feb 2009 to 12 Feb 2008 (130 days absence)

Thank you.

[uksettlement]

Hi kishor,

Unfortunately you won't be eligible as 130 days isn't absence but delayed entry.

Only 90 days delayed entry is considered and you entered after 130 days.

Absence is calculated after entry clearance not b4 entering the country.

You will have to go for 2nd extension.

Hope this makes sense.

Thanks!

[kishor_mit]

Thank you very much for the reply.

Regards.