ILR - 180days per year rule

[rudra2varma]

Did u already book an appointment? Who confirmed that it should be ok as i was out not for a project or assignmet... Thanks

yes. One of gurus mentioned it is ok out of their experience. Go through this thread once again.

[rudra2varma]

Did u already book an appointment? Who confirmed that it should be ok as i was out not for a project or assignmet... Thanks

yes. One of gurus mentioned it is ok out of their experience. Go through this thread once again.

Dear Amber, based on khurram question, my 5 year qualifying period starts from Nov 2008 but I am not in uk at the time. Will this be an issue? Regards

[Amber]

So far as you meet:

The continuous period is maintained if the:
 applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or
 applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.

Based on that rudra2varma, so long as you left the UK and re-entered with the same valid leave and your absences do not exceed 180 days per 12 months you should be ok. I'm a bit cautious on whether they'll try and say your continuous period can only start from May 2009 as you left in 2008 for more than 6 months.

There is only one way to find out......... An application, you should discuss your concerns with the caseworker before submitting your application.

[rudra2varma]

So far as you meet:

The continuous period is maintained if the:
 applicant leaves the UK without valid leave, but re-enters with new entry clearance within 28 days of their leave expiry date, or
 applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.

Based on that rudra2varma, so long as you left the UK and re-entered with the same valid leave and your absences do not exceed 180 days per 12 months you should be ok. I'm a bit cautious on whether they'll try and say your continuous period can only start from May 2009 as you left in 2008 for more than 6 months.

There is only one way to find out......... An application, you should discuss your concerns with the caseworker before submitting your application.

I will call up Croydon office to day to check about this. I paid entire application fee for myself, wife and kid and if i got to Case worker stage, i am not sure whether i will get my money back. will update you on their reply.

[Amber]

I very much doubt they will know or give you a reliable answer.

I'll email the settlement team for you today.

[rudra2varma]

I very much doubt they will know or give you a reliable answer.

I'll email the settlement team for you today.

Thank you very much Amber. I will wait to hear from you.

[rudra2varma]

I very much doubt they will know or give you a reliable answer.

I'll email the settlement team for you today.

Thank you very much Amber. I will wait to hear from you.

Dear Amber,

I called up Croydon contact center. It seems that i should be in UK on the date on which my 5 year consecutive period starts.

Lets see what response you will receive.

Regards

[Amber]

That's not true in ordinary circumstances, consider the 90 day concession.

[km77pk]

hi rudra2varma:

It means we have to be in UK when our 5 yrs term starts, lets see what reply our guru get...

thanks guys

[km77pk]

Hi guys,

Just called croydon peo too, they replied :

1) Proof is required for absence even if its less than 180 days (not sure whether rep is certain about this)

2) You have to be in UK when your term starts for ILR

Sorry but not here to question knowledge and understanding of anybody but just to know the experiences of our guru and others.

many thanks

[vineetnangia]

Hi

I Need information if I am eligible for ILR in 23-Jul-2015

I came in UK under Tier-1 in 25-Aug 2010, left UK in 01-Nov-2010 and return in 12-April-2011 (6 months leave (161 + 10 days)) since then living in UK.

First Tier-1 (General) Visa starts at 24 Jul-2010. My second extension expires in JUL-2015 (2+3).

Under April 2013 changes I have following breakdown if I apply before 23 Jul-2015.

25 AUG-2014 - 25-AUG-2015 --> Unforeseen (But no break)
25 AUG-2013 - 25-AUG-2014 --> 21 days absence (Future Approved Leaves from Employer )
25 AUG-2012 - 25-AUG-2013 --> 20 days absence (Approved Leaves from Employer )
25 AUG-2011 - 25-AUG-2012 --> No Break
25 AUG-2010 - 25-AUG-2011 --> 171 days absence

1. Will I be eligible for ILR? if not then I believe another extension is required.

As per the document "Indefinite leave to remain – calculating continuous period in UK" is not much clear to me, is it in total of 180 days for 5 yrs?

2. My Dependents came in Dec-2011 and still are with me. Are they be eligible for ILR for the same time with me?

3. If not then do they need to go for another extension route?


I have also read in UKBA audit report and different threads which suggests there will Tier-1 extension may be closed in 2014, what if I switch to Tier-2 General asking my current company to provide me a CoS so my remain in UK continues if extensions are closed for Tier-1?

Refer Links
http://www.immigrationboards.com/viewto ... c&start=20

Audit Report
http://icinspector.independent.gov.uk/w ... ations.pdf

[rudra2varma]

That's not true in ordinary circumstances, consider the 90 day concession.

completely agree with you. I will wait to see what response you got in the mail.

[Amber]

Response from the settlement policy team (who make decisions):

For employment-related categories of entry to the UK, the qualifying period for permission to stay permanently is 5 years.



You should not apply for permission to stay permanently more than 28 days before you complete the qualifying period.



No more than 180 whole days absence are allowed in any of the five 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 December 2013, the consecutive periods would be as follows:



Year 1 11th Dec 2013 to 12th Dec 2012

Year 2 11th Dec 2012 to 12th Dec 2011

Year 3 11th Dec 2011 to 12th Dec 2010

Year 4 11th Dec 2010 to 12th Dec 2009

Year 5 11th Dec 2009 to 12th Dec 2008



It is not a requirement that you were physically in the UK at the beginning of your qualifying period.

I hope that now clarifies your issue.

[rudra2varma]

Response from the settlement policy team (who make decisions):

For employment-related categories of entry to the UK, the qualifying period for permission to stay permanently is 5 years.



You should not apply for permission to stay permanently more than 28 days before you complete the qualifying period.



No more than 180 whole days absence are allowed in any of the five 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 December 2013, the consecutive periods would be as follows:



Year 1 11th Dec 2013 to 12th Dec 2012

Year 2 11th Dec 2012 to 12th Dec 2011

Year 3 11th Dec 2011 to 12th Dec 2010

Year 4 11th Dec 2010 to 12th Dec 2009

Year 5 11th Dec 2009 to 12th Dec 2008



It is not a requirement that you were physically in the UK at the beginning of your qualifying period.

I hope that now clarifies your issue.

Hi Amber, You are a star. Please could you please kindly share total communication so that i can take a print out along with me when i go for appointment. Please let me know if you are a solicitor/visa consultant. i am happy to take your help formally for this procedure. Regards

[Amber]

I am academic rather than practice. I shall PM you correspondence.

[km77pk]

Many many thanks amber, really appreciate it. One last query:

I was looking at Set O ILR form and in section 6.2 Immigration history they are asking for all the absences with proof of 'work related' absence. I will put my first date of entry which is Aug 2007 but do I need to highlight any proof as I am not supposed to provide any as per discussion on this forum.

Many thanks
Khurram

[Chittarout]

Thanks Amber.

I guess this also clarifies my earlier question where I was interested to know If I can use the 180 absence at the beginning of the qualifying period.

With the present situation , in my case though I returned to UK on 30th October 2010, But I can use the 30th July 2010 as my start date , As I was still using the same Tier1 visa that I got in Oct 2008 and I continue to stay in UK till 19 Non 2009, Before I went for 1 year break.

Year 1 30 July 2010- 29 June 2011 (Tier1)
Year 2 30 July 2011- 29 June 2012 (Tier1)
Year 3 30 July 2012- 29 June 2013 (Tier1)
Year 4 30 July 2013- 29 June 2014 (Tier1)
Year 5 30 July 2014- 29 June 2015 (Tier1)

Correct me If I have misunderstood anything

[Go12]

It seems alright,let's wait for some seniors

[rudra2varma]

Thanks Amber.

I guess this also clarifies my earlier question where I was interested to know If I can use the 180 absence at the beginning of the qualifying period.

With the present situation , in my case though I returned to UK on 30th October 2010, But I can use the 30th July 2010 as my start date , As I was still using the same Tier1 visa that I got in Oct 2008 and I continue to stay in UK till 19 Non 2009, Before I went for 1 year break.

Year 1 30 July 2010- 29 June 2011 (Tier1)
Year 2 30 July 2011- 29 June 2012 (Tier1)
Year 3 30 July 2012- 29 June 2013 (Tier1)
Year 4 30 July 2013- 29 June 2014 (Tier1)
Year 5 30 July 2014- 29 June 2015 (Tier1)

Correct me If I have misunderstood anything

I think you can use
Feb 2009 - Feb 2010
Feb 2010 - Feb 2011
Feb 2011 - Feb 2012
Feb 2012 - Feb 2013
Feb-2013 - Feb 2014.

Basically you need to split your absence into two parts in such a way none of them falls above 180 days.

[Chittarout]

Thanks Amber.

I guess this also clarifies my earlier question where I was interested to know If I can use the 180 absence at the beginning of the qualifying period.

With the present situation , in my case though I returned to UK on 30th October 2010, But I can use the 30th July 2010 as my start date , As I was still using the same Tier1 visa that I got in Oct 2008 and I continue to stay in UK till 19 Non 2009, Before I went for 1 year break.

Year 1 30 July 2010- 29 June 2011 (Tier1)
Year 2 30 July 2011- 29 June 2012 (Tier1)
Year 3 30 July 2012- 29 June 2013 (Tier1)
Year 4 30 July 2013- 29 June 2014 (Tier1)
Year 5 30 July 2014- 29 June 2015 (Tier1)

Correct me If I have misunderstood anything

I think you can use
Feb 2009 - Feb 2010
Feb 2010 - Feb 2011
Feb 2011 - Feb 2012
Feb 2012 - Feb 2013
Feb-2013 - Feb 2014.

Basically you need to split your absence into two parts in such a way none of them falls above 180 days.

Thanks.

As My absence was more than 360 days , so really I can't split into two year. My situation was like can I use the 180 days absence at the start of qualifying period. which means I am not inside UK (30 July 2010 to 30 OCT 2010) , but still want to show 30th July as my start date , I think its possible based on amber's post.

[ISingh2008]

Hi chittarout

I have a somewhat similar case like this... My 5 year qualifying period starts on a date when I was out of UK for a few days for a vacation... One of my legal advisors told me that it is not necessary for you to be physically present in the UK at the Start date of your qualifying period... When I left UK for that vacation I had a valid Leave To remain in the UK....So it should be fine....

[Chittarout]

Hi chittarout

I have a somewhat similar case like this... My 5 year qualifying period starts on a date when I was out of UK for a few days for a vacation... One of my legal advisors told me that it is not necessary for you to be physically present in the UK at the Start date of your qualifying period... When I left UK for that vacation I had a valid Leave To remain in the UK....So it should be fine....

Thaank for your reply.

When you applying the ILR ? also could you please sharing your legal advisors details.

[ISingh2008]

Hi chittarout

I have a somewhat similar case like this... My 5 year qualifying period starts on a date when I was out of UK for a few days for a vacation... One of my legal advisors told me that it is not necessary for you to be physically present in the UK at the Start date of your qualifying period... When I left UK for that vacation I had a valid Leave To remain in the UK....So it should be fine....

Thaank for your reply.

When you applying the ILR ? also could you please sharing your legal advisors details.

I'v booked an appointment for 24th Oct.. at Croydon PEO..
I'll PM you the advisor details...

[kuma1978]

Note: I sincerely appologies if my comment is going to make you furious / panic but my intension is to help.
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Hi rudra2varma,

Good afternoon.

I understand that you are currently on Tier 2 (General) visa and must have been on Tier 2 (ICT) / WP previously.

You have mentioned that throughout your absence from UK (July 2008 - May 2009) your VISA was Valid but I don't think you were paid in UK. So, I assume that it will be counted as unpaid absence.


I read the whole thread and couldn't find anyone mentioning about the unpaid leave under Tier 2 migrant affecting continuity / ILR. Not trying to scare / misguide you but have looked into these already?


Hi Amber (GuruJi) ,

Need your expert advice with this regard, especially for Tier 2 applicants.

Does 180 days exemption include all paid / unpaid absences (official / personal, etc) and will not break continuity as far as it is approved by the employer?

Will an unpaid absence of more than a month not break the continuity? Is this something which has come from Dec 2012 and doesnot affect anyone who had unpaid absence before that?

Pls refer these threads: http://www.immigrationboards.com/viewtopic.php?t=130263
http://www.immigrationboards.com/viewto ... sc&start=0

My appologies if I have miscontrued the whole scenario but I am open to suggestions.

Regards.

[rudra2varma]

Note: I sincerely appologies if my comment is going to make you furious / panic but my intension is to help.
************************************************************************************************************

Hi rudra2varma,

Good afternoon.

I understand that you are currently on Tier 2 (General) visa and must have been on Tier 2 (ICT) / WP previously.

You have mentioned that throughout your absence from UK (July 2008 - May 2009) your VISA was Valid but I don't think you were paid in UK. So, I assume that it will be counted as unpaid absence.


I read the whole thread and couldn't find anyone mentioning about the unpaid leave under Tier 2 migrant affecting continuity / ILR. Not trying to scare / misguide you but have looked into these already?


Hi Amber (GuruJi) ,

Need your expert advice with this regard, especially for Tier 2 applicants.

Does 180 days exemption include all paid / unpaid absences (official / personal, etc) and will not break continuity as far as it is approved by the employer?

Will an unpaid absence of more than a month not break the continuity? Is this something which has come from Dec 2012 and doesnot affect anyone who had unpaid absence before that?

Pls refer these threads: http://www.immigrationboards.com/viewtopic.php?t=130263
http://www.immigrationboards.com/viewto ... sc&start=0

My appologies if I have miscontrued the whole scenario but I am open to suggestions.

Regards.

I believe as long as you work for the same company and getting paid outside india and the employment is in connection with UK then it should be ok.