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<180 days absent for 1 year- Am i eligible ?URGENT

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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girish
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<180 days absent for 1 year- Am i eligible ?URGENT

Post by girish » Mon Mar 04, 2013 12:03 pm

Dear Friendz,
Sorry for asking a very dumb question; but i am bit confused.

I was away from UK for a particular year for 164 days and this was because the Indian IT company for which i was working had sent me to India as my project came to closure.


1. Am i eligible to apply for ILR now with the below absences assuming i am applying for ILR on 20-March-2013. I am currently on Tier-1 Visa
From-Date To-Date No. of days absent
21-Mar-12 20-Mar-13 23
21-Mar-11 20-Mar-12 30
21-Mar-10 20-Mar-11 32
21-Mar-09 20-Mar-10 17
21-Mar-08 20-Mar-09 164

2. If eligible; Do i need to state reasons for absences for 164 days ?
I guess No; as i was on Tier-1

3. Is there criteria for total No. days one can be absent in 5 years period ?



Thanks & Regards
Girish

Gagan1986
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Post by Gagan1986 » Mon Mar 04, 2013 12:08 pm

Have you been on Tier 1 throughout the 5 year period? If yes then there is no issue as you are allowed to have 180 days outside the country in a year. For tier 1 applicants looking to apply for ILR, you don't need a letter from employer regarding absences.

girish
Junior Member
Posts: 97
Joined: Tue May 15, 2007 7:40 pm

Post by girish » Mon Mar 04, 2013 12:14 pm

yes
Last edited by girish on Mon Mar 04, 2013 9:03 pm, edited 1 time in total.

girish
Junior Member
Posts: 97
Joined: Tue May 15, 2007 7:40 pm

Post by girish » Mon Mar 04, 2013 12:21 pm

Any idea on the 3rd question that i posted ?

rajesh9pl
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Post by rajesh9pl » Mon Mar 04, 2013 4:27 pm

girish wrote:Any idea on the 3rd question that i posted ?
Answer is no. Criteria is on yearly basis.

uksettlement
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Re: <180 days absent for 1 year- Am i eligible ?URGENT

Post by uksettlement » Tue Mar 05, 2013 7:39 am

[quote="girish"]

3. Is there criteria for total No. days one can be absent in 5 years period ?
NO not anymore :)
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

girish
Junior Member
Posts: 97
Joined: Tue May 15, 2007 7:40 pm

Post by girish » Tue Mar 05, 2013 8:01 am

Many thanks.
Does that mean a person can be upto 180 days of UK for a year in a 5 years period or can be 180 days outside UK for every and still be eligible for ILR ?

Gagan1986
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Post by Gagan1986 » Tue Mar 05, 2013 8:26 am

girish wrote:Many thanks.
Does that mean a person can be upto 180 days of UK for a year in a 5 years period or can be 180 days outside UK for every and still be eligible for ILR ?
Every year and still be eligible

girish
Junior Member
Posts: 97
Joined: Tue May 15, 2007 7:40 pm

Post by girish » Tue Mar 05, 2013 8:37 am

Wow! cant believe that UKBA has relaxed a rule as oppose to always tightening the noose... ;)

uksettlement
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Post by uksettlement » Tue Mar 05, 2013 12:03 pm

girish wrote:Wow! cant believe that UKBA has relaxed a rule as oppose to always tightening the noose... ;)
Well I am sure lack of discretion will also hurt a few others. But there was discretion used at Solihull PEO for a member on the 4th so maybe they need the skilled workers;)
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

girish
Junior Member
Posts: 97
Joined: Tue May 15, 2007 7:40 pm

Post by girish » Tue Mar 05, 2013 12:07 pm

Is that so- which member was rejected ...is it possible to point me to that thread please ? and what was the reason for rejection

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