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5 Years Stay calculation

Archived UK Tier 1 (General) points system forum. This route no longer exists.

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trishwanth
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Posts: 2
Joined: Thu Feb 06, 2014 3:00 pm

5 Years Stay calculation

Post by trishwanth » Thu Feb 20, 2014 1:08 pm

Can you please help me in understanding current policies around “ILR continuous period in UK calculation"

My initial Visa Date: 2nd June 2009
Returned to Home country: 8th Oct 2010
Back to UK: 17th July 2011
Due for second extension: 2nd June 2014 (So I would assume its 2 years extension ), So End date would be: 2nd June 2016

My concern would be 5 years continuous stay starts from 17th JULY 2011? Or can I apply for ILR on May 2016? Or need an another extention in 2016 for 1 month.
a) If caseworker counts from May 2016 to backward I would be less by 2 months which is within the 90Day continuous period. So can i apply in May 2016 ?
b) If caseworker counts from 17th JULY 2014 to forward I am not eligible for ILR.
As per the policies which one would case worker consider?
Your clarification would really help for my future planning.

If I make my application on 18 May 2016 so my 5 year period is as below, can you confirm that considering I was absent between the start date 19th May 2011 to 17th July 2011 (59 days) that this is acceptable even though my complete absence was from 8th October 2010 to 17th July 2011 (282 days) which was within my initial visa period.
Absence in days
Year 1 18-May-16 19-May-15
Year 2 18-May-15 19-May-14
Year 3 18-May-14 19-May-13
Year 4 18-May-13 19-May-12 31 Days Absence
Year 5 18-May-12 19-May-11 62 Days Absence (Absence Reentry Date: 17th July 2011, Absence in uk - 8th October 2010 to 17th July 2011(282) Initial Visa stamp date is 2nd June 2009 and Initial entry: 27th June 2009.)
As per the above and current policies am I eligible to apply on 18th May 2016 for ILR, assuming that I would not take any more absence?

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: 5 Years Stay calculation

Post by manci » Thu Feb 20, 2014 4:25 pm

you should decide the date of ILR application so that none of the absences in each of the 12 month periods calculated backwards from this date is longer than 180 days, therefore the long absence 08/10/2010 - 17/07/2011 has to be broken up into two chunks. The information you provided is quite confusing but the earliest you can apply is probably Jan 2015.

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