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Tier 1 to ILR - continuous residency

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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ca4nul
Newbie
Posts: 47
Joined: Thu Jul 09, 2009 4:15 pm
Location: UK

Tier 1 to ILR - continuous residency

Post by ca4nul » Wed Oct 26, 2016 3:56 pm

Hi all

Me & my wife get my first Tier 1 on 31 March 2010 for 3 years (extensions are 3 + 2 + 3). In March 2011 i went to my home country and spend 1.5 years there (So according to my knowledge my continuous residency breaks)

I came back in UK on 1 Aug 2012. Now i want to apply for ILR. I'm want to take advantage of 180 days absence rule and want to apply 28 days in advance (Please correct me if i'm wrong - according to my knowledge i can be outside of UK not more than 180 days in a year and i can apply 28 days in advance)

My 5 years continuous residency calculation is as below
2 Feb 2012 - 1 Feb 2013 (180 days from start outside uk)
2 Feb 2013 - 1 Feb 2014
2 Feb 2014 - 1 Feb 2015
2 Feb 2015 - 1 Feb 2016 (21 days outside uk)
2 Feb 2016 - 1 Feb 2017

My question is based on above

1 - Am i correct in thinking that my 5 years completes on 1 Feb 2017?
2 - Can i apply in person on 4-5 of Jan 2017 ( as 28 days in advance)
3 - because my wife first granted tier 1 dependent visa in 2010 (before June 2012 rule) so she need to spend only 2 years as my dependent to be eligible of ILR. So she can apply with me?


Thank you guys in advance

ca4nul
Newbie
Posts: 47
Joined: Thu Jul 09, 2009 4:15 pm
Location: UK

Re: Tier 1 to ILR - continuous residency

Post by ca4nul » Fri Oct 28, 2016 11:46 am

any one please

ca4nul
Newbie
Posts: 47
Joined: Thu Jul 09, 2009 4:15 pm
Location: UK

Re: Tier 1 to ILR - continuous residency

Post by ca4nul » Mon Oct 31, 2016 9:12 am

any one please

ca4nul
Newbie
Posts: 47
Joined: Thu Jul 09, 2009 4:15 pm
Location: UK

Re: Tier 1 to ILR - continuous residency

Post by ca4nul » Fri Nov 04, 2016 10:56 pm

let me re-phrase my question hope somebody will answer it.

As per continuous residency rule i can be outside of uk for 180 days in any year.

Is it a problem if i count these 180 day on start of my continuous residency period. for example

2 Feb 2012 - 1 Feb 2013 (180 days from start outside uk)
2 Feb 2013 - 1 Feb 2014
2 Feb 2014 - 1 Feb 2015
2 Feb 2015 - 1 Feb 2016 (21 days outside uk)
2 Feb 2016 - 1 Feb 2017

I was outside if uk between 2feb 2012 to 1st aug 2012.

Thanks

ca4nul
Newbie
Posts: 47
Joined: Thu Jul 09, 2009 4:15 pm
Location: UK

Re: Tier 1 to ILR - continuous residency

Post by ca4nul » Fri Nov 11, 2016 3:26 pm

anyone please reply

iworker
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Posts: 2029
Joined: Thu Aug 09, 2012 2:11 pm
Location: Hampshire
Mood:
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Re: Tier 1 to ILR - continuous residency

Post by iworker » Fri Nov 11, 2016 4:29 pm

when does your current visa expires.
Unless it is expiring, why cant u wait for a month or 2 more, and u will be on safe side.
Although the calculations looks fine, and u should be fine.
When did the visa start initially.

ca4nul
Newbie
Posts: 47
Joined: Thu Jul 09, 2009 4:15 pm
Location: UK

Re: Tier 1 to ILR - continuous residency

Post by ca4nul » Fri Nov 11, 2016 5:11 pm

iworker wrote:when does your current visa expires.
Unless it is expiring, why cant u wait for a month or 2 more, and u will be on safe side.
Although the calculations looks fine, and u should be fine.
When did the visa start initially.
iWorker thank you for your reply
My first tier 1 visa was 31march 2010.

HJPatel-1950
Newly Registered
Posts: 20
Joined: Thu Jan 12, 2017 4:13 pm

Tier 1 to ILR - continuous residency

Post by HJPatel-1950 » Wed Jan 18, 2017 12:09 am

As per my understanding 5 year's clock starts from 01/08/2012 . Absences greater than 180 days resets the clock

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