ILR eligibility for 5 years September 2013

[chinni1991]

My UK visa got entry clearance on 11 September 2008 and I entered UK on Tier2 (Intra Company Transfer) on the 30th of November 2008. (With in 81 days period entered to UK) Now I am eligible for ILR by September 2013??
I stayed out of the country for total of 238 days from 2008 until 2013(In total 5 years) but based on the new rules of absence out of the country I think this should not be an issue. I am providing the breakup of my leaves below.
Year 5: 11/09/2012-10/09/2013=0 days - UK Paid annual leave
Year 4: 11/09/2011-10/09/2012=45 days - UK Paid annual leave
Year 3: 11/09/2010-10/09/2011=49 days - UK Paid annual leave
Year 2: 11/09/2009-10/09/2010=134 days- UK Paid annual leave (40 days)-(94 days medical)
Year 1: 11/09/2008-10/09/2009=10 days - UK Paid annual leave (81 days late entry)
Making a total of 238 days (from September 2008 till today). I have been out the country UK from Feb 19th 2010 till July 5th2010. My concern is when I apply for ILR will these 134 days out of country will be affected my application?
The reason, I have been out is for medical treatment. In fact came to India on annual leave and was hospitalized for 3 months of bed rest.
Kindly help me confirm if I'm eligible to apply for ILR by September, if yes, can apply before 28 days before 11 September 2013? My visa going to be expired on September 2013, do I need to go for another extension?? The guideline says the period between UK entry clearance (on 11/09/2008) visa and entry into UK (30/11/2008) must not be more than 3 three months. Mine was 81 days.
How do I tackle the situation when I am eligible applying for the ILR? What evidence do I need to supply while filing for ILR during my absence?
Any kind of information would be great help to me.

Thanks in advance.

[chinni1991]

[quote="chinni1991"]My UK visa got entry clearance on 11 September 2008 and I entered UK on Tier2 (Intra Company Transfer) on the 30th of November 2008. (With in 81 days period entered to UK) Now I am eligible for ILR by September 2013??
I stayed out of the country for total of 238 days from 2008 until 2013(In total 5 years) but based on the new rules of absence out of the country I think this should not be an issue. I am providing the breakup of my leaves below.
Year 5: 11/09/2012-10/09/2013=0 days - UK Paid annual leave
Year 4: 11/09/2011-10/09/2012=45 days - UK Paid annual leave
Year 3: 11/09/2010-10/09/2011=49 days - UK Paid annual leave
Year 2: 11/09/2009-10/09/2010=134 days- UK Paid annual leave (40 days)-(94 days medical)
Year 1: 11/09/2008-10/09/2009=10 days - UK Paid annual leave (81 days late entry)
Making a total of 238 days (from September 2008 till today). I have been out the country UK from Feb 19th 2010 till July 5th2010. My concern is when I apply for ILR will these 134 days out of country will be affected my application?
The reason, I have been out is for medical treatment. In fact came to India on annual leave and was hospitalized for 3 months of bed rest.
Kindly help me confirm if I'm eligible to apply for ILR by September, if yes, can apply before 28 days before 11 September 2013? My visa going to be expired on September 2013, do I need to go for another extension?? The guideline says the period between UK entry clearance (on 11/09/2008) visa and entry into UK (30/11/2008) must not be more than 3 three months. Mine was 81 days.
How do I tackle the situation when I am eligible applying for the ILR? What evidence do I need to supply while filing for ILR during my absence?
Any kind of information would be great help to me.

Thanks in advance.[/quote]

[TheGreenTea]

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.
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

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
page19

page 21

the period between entry clearance being issues and the applicant entering the UK maybe counted toward the qualifying period as long as it does not exceed 90 days.

You are fine on both issue.

[chinni1991]

My wife ILR:

I want to apply the PR for my along with infant (baby girl around 1year 6 months). My wife entered UK on 2010 November 07. She went to India on March 16th and came back here 19th of April. After that she stayed here until 02nd July 2011 and went for delivery (Around 9months stayed there). She came back to UK on 30th of April 2012 and continued staying here till now. But my concern is we don’t have any proof for my wife stayed with me during this period (2010 November to July 2011) i.e. like utility bills, bank account etc. Will it be ok if I submit the rental agreement for this period? Or she needs to wait until 2014 April 30th?

[chinni1991]

Thank you very much for your reply. Can you please help on the below issue???

My wife ILR:

I want to apply the PR for my along with infant (baby girl around 1year 6 months). My wife entered UK on 2010 November 07. She went to India on March 16th and came back here 19th of April. After that she stayed here until 02nd July 2011 and went for delivery (Around 9months stayed there). She came back to UK on 30th of April 2012 and continued staying here till now. But my concern is we don’t have any proof for my wife stayed with me during this period (2010 November to July 2011) i.e. like utility bills, bank account etc. Will it be ok if I submit the rental agreement for this period? Or she needs to wait until 2014 April 30th?