When to apply for ILR

[grreg]

Hi - I have been reading the Calculating my continuous period in UK for ILR application document and just want to get a 2nd opinion to make sure I have my thoughts correct.

My first Tier 1 Entrepreneur visa was granted Jun-2012
I spent in excess of 180 days outside UK and returned on 20-Jun-2014. From that date forwards I have not been outside the UK for more than 180 days in any 12 month period.

Working backwards from 5 years of my planned date of ILR application I work it out to be.

year 1 – 20 December 2017 to 19 December 2018
year 2 - 20 December 2016 to 19 December 2017
year 3 - 20 December 2015 to 19 December 2016
year 4 - 20 December 2014 to 19 December 2015
year 5 - 20 December 2013 to 19 December 2014

I was not present in the UK on 20-Dec-2013 but I think that is only a requirement for BC applications and not for ILR.

So I have 2 questions please.

I calculate that I can apply for ILR on 20-Dec-2018, which is 4.5 years since my last big trip abroad. I think I fulfil the 180 days in the UK per year requirement.

And in addition I can apply 28 days before this date, which makes it approx 22-Nov-2018?

Does that look correct?

[grreg]

I have been thinking about my situation more.

My wife was also granted her (dependant) visa in Jun-2012.

I understand that SET(O) does not consider her time out of the country. (She also had the same extended absence mentioned above).

So as she has now been her for 5 years can she apply for ILR while I need to renew my Tier 1 (Entrepreneur) visa?

[CR001]

A PBS dependent is not able to apply for ILR on their own based on 5 years residence if the main PBS migrant is not also applying at the same time (based on 5 years residence NOT 10 years LR).

For info, as she is pre 9th Jully 2012, she is under the 2 year route but again, will only qualify when you do.

She will have to renew her visa with you if it expires at the same time as yours.

[grreg]

Thanks CR001 for the clarification - it didn't seem sensible which is why I asked.

Could I ask for your thoughts on my initial post in this thread?

[CR001]

If you have no single absence in any 12 month cycle, of 180 days or more, then you should be fine.