continuous period requirement for ILR

[chih]

Hello Guys,

I am applying in person for ILR as a work permit holder on the 28th of June 2013. My VISA is granted on the 14th July 2008. I have entered the UK on the 21st July 2008, left for holidays from 22nd July 2008 to 14th august 2008 and started working on the 19th august 2008. I had to move from the US to the UK and did not take any holidays to visit my home country and it made sense to start work for the UK employer after a little brake.
I was thinking that I am eligible to apply for ILR not earlier than 28 days before the 21st July 2013. I was thinking that I satisfy the 5 years continuous period spent as a work permit holder. But after a discussion with a friend, he told me that the period between 22nd July 2008 to 14th august 2008 can not be counted in the continuous 5 years period and any absence must be work-related; business trip or paid leave holidays.

I have spent the weekend reading all what I can find about this particular type of absence and failed to figure out if I am still OK to apply in person next week or not.

Can any one help me and tell me when I will be eligible to apply for ILR please?

Many thanks

[sheraz7]

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

[chih]

Thank you very much for the link sheraz7.
I have read carefully this document. It is not clear for me but is the period I have spent outside the UK before starting to work and after my first entry a break in the continuous 5 years period as a work permit holder?
It is important to know because that will decide weather I go for ILR or switch to tier2 next week, with the associated additional costs for an ILR few weeks later.

[wpilr_nov12]

Worst case scenario- you are also covered by the 'entry within 3 months' rule.

[chih]

Worst case scenario- you are also covered by the 'entry within 3 months' rule.

Thanks very much for your fast reply.
I know I am a bit paranoid, like every one facing an ILR application I guess, but is this subject to the case worker discretion or not even that, and I am covered by the 'three months rule' and that's it?

Many many thanks

[chih]

Worst case scenario- you are also covered by the 'entry within 3 months' rule.

Thanks very much for your fast reply.
I know I am a bit paranoid, like every one facing an ILR application I guess, but is this subject to the case worker discretion or not even that, and I am covered by the 'three months rule' and that's it?

Many many thanks

Hi Guys,

I just want to update you. I have asked my employer to provide me with a letter stating that the period I have spent outside the UK before starting to work was agreed between us since I had to move from the US to the UK. I don't know if this helped or if the case worker even noticed the thing but what is sure my application was successful yesterday.
thanks very much for your help guys and talk to you soon