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VISA extension and ILR

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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apriltier1
Newly Registered
Posts: 17
Joined: Thu Mar 17, 2011 8:48 am
Location: GB

VISA extension and ILR

Post by apriltier1 » Sun Feb 17, 2013 8:44 pm

Hello ,
I am on tier 1 (general) starting from May 16 2011.
I need to extend/renew it soon and had some questions around my ILR application I would have to make in May 2016.

The new rule( that came up in Dec 2012) if I am correct states that :-

"No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods, preceding the date of the application for indefinite leave to remain (ILR)."

"The specified continuous period is counted backwards from the date of the ILR application."

So my questions are

- Is my understanding correct that earlier it was 180 days for the whole 5 years and now it is 180 days per year for the 5th , 2nd , 3rd and 4th?
- What about the 1st year..how many days are we allowed outside UK?
- if for some reason I fail to comply to the minimum number of days in any specific year (and its not for a serious or compelling compassionate reason) does the cycle start again and I need to wait 5 more years before I can apply for an ILR?

Thank YOu!

apriltier1
Newly Registered
Posts: 17
Joined: Thu Mar 17, 2011 8:48 am
Location: GB

Post by apriltier1 » Mon Feb 18, 2013 2:30 pm

Hello again,
Could someone point me in the right direction please?
The reason I have this question is...my company would like me to be in the germany office for many days over a course of 1 year (but I will be paid in UK) so I was wanting to know what would happen just in case i breach the maximum amount of days allowed to stay outside uk - required for an ilr
Thanks

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Mon Feb 18, 2013 2:38 pm

Reading the information available under the ILR FAQ should help: http://www.immigrationboards.com/viewtopic.php?t=79378

Q17, specifically explains how to calculate your absences. The requirement is that you do not exceed the 180 day theshold during the 12 consecutive month periods during your ILR residence period. Your ILR residence period (i.e. number of years) can vary depending on the immigration category you are applying for ILR under. Note that if you do break the continuous residence requirement by exceeding the allowed annual absence threshold, then yes, your ILR clock will be reset.

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