Am I eligible for ILR? please someone help me

[mahesh7337]

Am I eligible for ILR?

I have a below query regarding ILR, can anyone please help me.
I had my initial Tier-1 (General) visa in Jan 2010 for 3 years.
Followed by an extension in Jan 2012 for 2 years , this is due to expire in Jan 2015.

I am outside UK from Dec 2010 to Sept 2011,

(Undergone medical treatment in India from 05-Dec-2010 to 20-April-2011)
(Worked (contract Job) in Qatar from 01-May-2011 to 19-Sept-2011)

and Came back to UK on 21-Sept-2011


My query is, am I eligible for ILR as I am outside UK for the above mentioned dates?

Please let me know. Thanks

-Mahesh

[innocentdevil]

you have been out of country for than 6 months so the clock has been reset from the day you re-entered. i.e: sept 2011. you should be eligible by 2016

[Amber]

See also, Indefinite leave to remain – calculating continuous period in UK (click)

[Amber]

Hi,
Am I eligible for ILR on medical grounds? Please advise.
I am planning to apply for ILR in Dec 2014.

Got my,
Tier 1 (General) visa on 27th Jan 2010 to 27th Jan 2013
Tier 1 (General) Extension visa on 27th Jan 2013 to 27th Jan 2015

Total 295 days out of the country- Left UK on 1st Dec 2010 & returned back to UK on 21 Sept 2011

(5 Year Period), so counting backward for ILR eligibility check.
27th Jan 2014 --- 27th Jan 2015 (Away from UK for 24 Days)
27th Jan 2013 --- 27th Jan 2014 (Away from UK for 24 Days)
27th Jan 2012--- 27th Jan 2013 (Away from UK for 18+24=42 Days)

27th Jan 2011 --- 27th Jan 2012 (Away from UK for 237 Days) –In India
(27th Jan 2011 to 20 Apr 2011 Health issue-Will submit Doctor Letter)
(01st May 2011 to 19th Sept 2011 Working in Qatar-Hired in India -contract role)

27th Jan 2010 --- 27th Jan 2011 (Away from UK for 58 Days)
(5th Dec 2010 to 27th Jan 2011 Health issue-Will submit Doctor Letter)

[Amber]

Absences of more than 180 days in each consecutive 12 month period preceding the date of
application (in all categories) will mean the continuous period has been broken. However,
consideration may still be given to granting indefinite leave to remain (ILR) outside the rules
if evidence is provided to show the excessive absence was due to serious or compelling
compassionate reasons.

Compassionate reasons will vary but can include:

 serious illness of the applicant or a close relative
 a conflict, or
 a natural disaster, for example, volcanic eruption or tsunami

[mahesh7337]

Absences of more than 180 days in each consecutive 12 month period preceding the date of
application (in all categories) will mean the continuous period has been broken. However,
consideration may still be given to granting indefinite leave to remain (ILR) outside the rules
if evidence is provided to show the excessive absence was due to serious or compelling
compassionate reasons.

Compassionate reasons will vary but can include:

 serious illness of the applicant or a close relative
 a conflict, or
 a natural disaster, for example, volcanic eruption or tsunami

Thank you for your reply D4109125.
Can you please let me know in my case, Am i eligible for ILR? If i am eligible what documents do I need to collect from my India Doctor?
Currently I`ve a Doctor letter mentioning that during this period(5-12-2010 TO 20-04-2011) I am on bed rest due to a disease. Is this letter sufficient? please let me know. Thanks

[Amber]

No one on here can guarantee anything I'm afraid. You will be relying on discretion I have highlighted the relevant Guidance notes. Ensure that you submit evidence to show that the excess absences were due to a serious medical issue.

[mahesh7337]

No one on here can guarantee anything I'm afraid. You will be relying on discretion I have highlighted the relevant Guidance notes. Ensure that you submit evidence to show that the excess absences were due to a serious medical issue.

Okay. Thank you

[MK123]

you have been out of country for than 6 months so the clock has been reset from the day you re-entered. i.e: sept 2011. you should be eligible by 2016

Can someone confirm that if the ILR clock will be reset for being out of country for 6 months? What if it can be split into 2 different years based on application date?

[Amber]

Absences should be <180 days per 12 month period, thus, you may be able to split the period so that absences are less than 180 days per 12 month period.

[mahesh7337]

Instead of applying for ILR, initially I have extended my Tier-1 general visa to 3 years.
Now I am planning to apply for ILR on 2nd April 2015

My Visa status:
Tier 1 (General) visa on 27th Jan 2010 to 27th Jan 2013
Tier 1 (General) Extension visa on 27th Jan 2013 to 27th Jan 2015
Tier 1 (General) Extension visa on 05th Dec 2014 to 05th Dec 2017

Long absence-
Left UK on 1st Dec 2010 & returned back to UK on 21 Sept 2011
Total 293 days out of the country in one stretch.
I have split my long absences into 2 years so that absences are less than 180 days per 12 month period.

Most of my absence was due to serious or compelling compassionate reasons, for this I am providing the UK & India Doctor letter and also my job agency letter stating that I have left the job after Nov 2010 due to health issue.

For other annual short leaves I am providing the current employer letter

I have chosen the date of the ILR application as 02/04/2015. Counting backwards

Year 1 02-Apr-15 03-Apr-14 absence 6 (annual leave)
Year 2 02-Apr-14 03-Apr-13 absence 0
Year 3 02-Apr-13 03-Apr-12 absence 38 (annual leave)
Year 4 02-Apr-12 03-Apr-11 absence 171
Year 5 02-Apr-11 03-Apr-10 absence 122

Will it be okay to apply ILR on 2nd April 2015?
Do I need to provide any other documentation other than mentioned above?
what are the chances of getting the ILR?
Moderators -Please someone give reply.
Thanks

[mahesh7337]

Please reply

[mahesh7337]

Please reply to the above post.
Gurus your help is much appreciated
Thanks