182 days absence for ILR

[autotest]

Hi Friends,

I am not sure if I can apply my ILR or not, I was continuously away from UK for 182 days in a single year period.

I was initially granted with HSMP visa for 2 years in Nov 2007 and landed in UK in Jan 2008. I got extended my Tier 1 visa for 3 years. I was away from UK in 2009 for 182 days for which I was paid 3 months salary in Uk (I can provide my salary slips and bank statements, but not employer letter because I no more work in that company). I took leave for 3 months because my daughter was born and I want to support for my wife. All
together absence was 182 days.

I went to my second Tier 1 extension and got it approved until 2014.

I have completed my 5 years 4 months now in UK. I have contacted one solicitor where he said that I am very much eligible for ILR if I spent those absence (182 days) after my 5 years completion.

I have couple of questions:

1. Is that solicitor saying right? As per my understanding I should wait another 5 years period after the 182 days break, so I need to apply in 2015.
2. Can some one suggest me can I apply for ILR considering that case worker will be kind and will consider my situation that I was supporting my wife for 3 months due to child birth and for the other 3 months I was getting my salary.

can some one kindly suggest your views please.

[db83]

List your total absence as follows witjh your visa status.

For example, if the date of application is 11 November 2012, the consecutive periods would
be as follows:
Year 1 11 November 2012 to 10 November 2011
Year 2 11 November 2011 to 10 November 2010
Year 3 11 November 2010 to 10 November 2009
Year 4 11 November 2009 to 10 November 2008
Year 5 11 November 2008 to 10 November 2007

[uksettlement]

1. Is that solicitor saying right? As per my understanding I should wait another 5 years period after the 182 days break, so I need to apply in 2015.
It seems you are not aware of the changes implemented on 13th Dec. You are allowed 180 days every year as opposed to in total of 180 days as was the case earlier. The years are calculated back from the date of the application. Hence, you are absolutely eligible if you apply on the right date.

2. Can some one suggest me can I apply for ILR considering that case worker will be kind and will consider my situation that I was supporting my wife for 3 months due to child birth and for the other 3 months I was getting my salary.
You dont need to give any proofs if this absence is less than 180 days. so chill.

Read: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[autotest]

Here are my absence list.

Year 1 01 November 2007 to 01 November 2008 - 0 days
Year 2 01 November 2008 to 01 November 2009 - 21 days, 58 days, 126 days
Year 3 01 November 2009 to 01 November 2010 - 15 days, 182 days
Year 4 01 November 2010 to 01 November 2011 - 21 days
Year 5 01 November 2011 to 01 November 2012 - 16 days

Please provide me some guidance.

[db83]

Here are my absence list.

Year 1 01 November 2007 to 01 November 2008 - 0 days
Year 2 01 November 2008 to 01 November 2009 - 21 days, 58 days, 126 days
Year 3 01 November 2009 to 01 November 2010 - 15 days, 182 days
Year 4 01 November 2010 to 01 November 2011 - 21 days
Year 5 01 November 2011 to 01 November 2012 - 16 days

Please provide me some guidance.

It should be from the day you are applying ! When are you applying ?
If you are applying on 10 March - then list the [/b]total absences you have had during these period
10 March 2013 - 11 March 2012
10 March 2012 - 11 March 2012
...and so on

[autotest]

Hi,

I am planning to apply on 11 April 2013. The below are the absence list.

I am also not sure whether I should calculate the break period from the day I am applying or from the visa granted date. I mean my initial visa was granted in Nov 2007 and I should consider from Nov 2007- Nov 2013, to calculate the continuous absence period or do I need to consider as below like applying date 11 April 2013 - 11 April 2008.

Year 1 11 April 2013 to 10 April 2012 - 16 days
Year 2 11 April 2012 to 10 April 2011 - 0 days
Year 3 11 April 2011 to 10 April 2010 - 21 days, 148 days
Year 4 11 April 2010 to 10 April 2009 - 41 days, 15 days, 136 days,42 days
Year 5 11 April 2009 to 10 April 2008 - 16 days

[db83]

Hi,

I am planning to apply on 11 April 2013. The below are the absence list.

I am also not sure whether I should calculate the break period from the day I am applying or from the visa granted date. I mean my initial visa was granted in Nov 2007 and I should consider from Nov 2007- Nov 2013, to calculate the continuous absence period or do I need to consider as below like applying date 11 April 2013 - 11 April 2008.

Year 1 11 April 2013 to 10 April 2012 - 16 days
Year 2 11 April 2012 to 10 April 2011 - 0 days
Year 3 11 April 2011 to 10 April 2010 - 21 days, 148 days
Year 4 11 April 2010 to 10 April 2009 - 41 days, 15 days, 136 days,42 days
Year 5 11 April 2009 to 10 April 2008 - 16 days

I think you are over 180 days in Year 4 . So you are not eligible I guess unless you can convince the CW with proper proof that it was for a compelling or compassionate reason

Year 4 11 April 2010 to 10 April 2009 - 41 days, 15 days, 136 days,42 days

[autotest]

but i was not away continuously 180 days, still i am not eligible for ILR?

[uksettlement]

but i was not away continuously 180 days, still i am not eligible for ILR?

It is a total of 180 days in a year there is no continuous absence at a stretch criteria anymore.

Adjust the date of application if you have time and see if you can split the absence over 2 years.

You just need to be below 180 even 179 is fine.

[Gagan1986]

Hi,

I am planning to apply on 11 April 2013. The below are the absence list.

I am also not sure whether I should calculate the break period from the day I am applying or from the visa granted date. I mean my initial visa was granted in Nov 2007 and I should consider from Nov 2007- Nov 2013, to calculate the continuous absence period or do I need to consider as below like applying date 11 April 2013 - 11 April 2008.

Year 1 11 April 2013 to 10 April 2012 - 16 days
Year 2 11 April 2012 to 10 April 2011 - 0 days
Year 3 11 April 2011 to 10 April 2010 - 21 days, 148 days
Year 4 11 April 2010 to 10 April 2009 - 41 days, 15 days, 136 days,42 days
Year 5 11 April 2009 to 10 April 2008 - 16 days

Will be tough unless you can convince it was serious or compelling reason as stated above

[db83]

Auto test-Like uksettlement has advised if you still have time on your visa, try to calculate a day when your absences don't cross over 180 in a year. That's your safest bet

And paternity leave is not considered to be compassionate or compelling and no discretion will be applied

[autotest]

Thanks db83,Gagan1986 and uksettlement.

I have been paid salary in uk for 2 months in mar 2009 and April 2009 where I was working for same company in India. where I can provide my UK bank statement and salary slips.

I can not get letter from that company because I no more work in that company. If I consider those 2 months then I am eligible for ILR as dates provided below.

Can some one please suggest me that can I process for ILR or should not, because I dont have letter from the company.

11-Apr-13 - 10-Apr-12 = 16 days
11-Apr-12 - 10-Apr-11 = 0 days
11-Apr-11 - 10-Apr-10 = 126+15 days
11-Apr-10 - 10-Apr-09 = 171+8 days
11-Apr-09 - 10-Apr-08 =16 days

Kindly provide me your valuable suggestion.

[db83]

Thanks db83,Gagan1986 and uksettlement.

I have been paid salary in uk for 2 months in mar 2009 and April 2009 where I was working for same company in India. where I can provide my UK bank statement and salary slips.

I can not get letter from that company because I no more work in that company. If I consider those 2 months then I am eligible for ILR as dates provided below.

Can some one please suggest me that can I process for ILR or should not, because I dont have letter from the company.

11-Apr-13 - 10-Apr-12 = 16 days
11-Apr-12 - 10-Apr-11 = 0 days
11-Apr-11 - 10-Apr-10 = 126+15 days
11-Apr-10 - 10-Apr-09 = 171+8 days
11-Apr-09 - 10-Apr-08 =16 days

Kindly provide me your valuable suggestion.

Autotest - it doesnt matter if you werre paid a salary or not, this is related to how many days your are outside UK.

If i was you, I'll still explore opportunities to see if I can apply on a date that will reduce the count to <180

[autotest]

Thanks db83,

I have explored all the possibilities and find tha applying on 12 april 2013 would be perfect match as i got salary for March 2010 and April 2010 paid in UK.

I am providing my absence list below can you please guide me am i right or wrong? Can I go for ILR?

26-Mar-09 - 23-May-09 = 58 days

18-Jul-09 - 22-Nov-09 = 126 days

26-Dec-09 - 09-Jan-10 = 15 days

01-Mar-10 - 29-Aug-10 = 182 days (I was paid salary in UK for March 2010 and April 2010)

26-Dec-10 - 16-Jan-11 = 21 days

28-Apr-12 - 14-May-12 = 16 days

[Gagan1986]

Thanks db83,

I have explored all the possibilities and find tha applying on 12 april 2013 would be perfect match as i got salary for March 2010 and April 2010 paid in UK.

I am providing my absence list below can you please guide me am i right or wrong? Can I go for ILR?

26-Mar-09 - 23-May-09 = 58 days

18-Jul-09 - 22-Nov-09 = 126 days

26-Dec-09 - 09-Jan-10 = 15 days

01-Mar-10 - 29-Aug-10 = 182 days (I was paid salary in UK for March 2010 and April 2010)

26-Dec-10 - 16-Jan-11 = 21 days

28-Apr-12 - 14-May-12 = 16 days

Bottom line is if you are crossing 180 days, you are risking your application unless the reason is of serious and compelling nature.

How are you counting your dates? Hope you arent counting arrival and departure dates as they are not considered as an absence

it will also help if you can state the dates you were absent during 09-10 year

[db83]

Thanks db83,

I have explored all the possibilities and find tha applying on 12 april 2013 would be perfect match as i got salary for March 2010 and April 2010 paid in UK.

I am providing my absence list below can you please guide me am i right or wrong? Can I go for ILR?

26-Mar-09 - 23-May-09 = 58 days

18-Jul-09 - 22-Nov-09 = 126 days

26-Dec-09 - 09-Jan-10 = 15 days

01-Mar-10 - 29-Aug-10 = 182 days (I was paid salary in UK for March 2010 and April 2010)

26-Dec-10 - 16-Jan-11 = 21 days

28-Apr-12 - 14-May-12 = 16 days

Autotest - It doesnt matter if you got paid in March or April 2010 in UK. The baseline is were you outside the country then (that is what counts)

When is your visa valid until ?

[autotest]

Thanks Gagan1986 and db83,

My visa validity is until July 2014.

Just wanted to give a try. what is your suggestion.

[db83]

Thanks Gagan1986 and db83,

My visa validity is until July 2014.

Just wanted to give a try. what is your suggestion.

If you still wanna try - try solihull PEO. They check ur application before you make a payment

[autotest]

Thanks db83, Gagan1986 & uksettlement.

You were very helpful.

[db83]

Thanks db83, Gagan1986 & uksettlement.

You were very helpful.

Pleasure matey..hopefully things go well for you. Good luck

[Ramana66]

Hi Autotest,

Could you do another calculation considering application date as some date in later in July 2013 to split the 182 days.

Cheers

[sujyo]

Did you apply ..what was the result