ILR - 180 Days Exceeded, what are the options

[nitinuniyal]

Dear All,

I came to the UK with my family in March 2012 on a work permit to work as a Business Analyst in an IT services company.

Due to the nature of my job, I have to participate in many critical projects for my company. In 2013 and 2014, I had to go to various clients (for projects awarded to my UK based company) in order to oversee the ongoing projects and resolve any technical issues and ended up spending long periods outside the UK. When I calculated the number of days spent outside the UK as per the new rules, I found that during my first two years I have spend more than 180 days in each year.

Now the new guidance states "Absences in excess of 180 days in any
12 month period for employment or economic activity reasons are not
considered exceptional."

Could you please let me know what are the options I have now to apply for ILR.
My Current Visa Expires in Oct 2018 but considering everything my days are still greater than 180 days in 2013 and 2104.

Looking forward to your kind response and guidance.

Regards
Nitin

[makky86]

Dear All,

I came to the UK with my family in March 2012 on a work permit to work as a Business Analyst in an IT services company.

Due to the nature of my job, I have to participate in many critical projects for my company. In 2013 and 2014, I had to go to various clients (for projects awarded to my UK based company) in order to oversee the ongoing projects and resolve any technical issues and ended up spending long periods outside the UK. When I calculated the number of days spent outside the UK as per the new rules, I found that during my first two years I have spend more than 180 days in each year.

Now the new guidance states "Absences in excess of 180 days in any
12 month period for employment or economic activity reasons are not
considered exceptional."

Could you please let me know what are the options I have now to apply for ILR.
My Current Visa Expires in Oct 2018 but considering everything my days are still greater than 180 days in 2013 and 2104.

Looking forward to your kind response and guidance.

Regards
Nitin

if you have more than 180 absense per year you cannot apply ILR. Tier 2 is issues maximum 6 years. either you switch to any other category if you're eligible or will have to leave the UK.

If you are married , can your spouse switch to tier 2 and you become her/his dependant.

[nitinuniyal]

Thanks For the reply, can my wife move to ILR if she is in tier 2 General Dependent?

[makky86]

Thanks For the reply, can my wife move to ILR if she is in tier 2 General Dependent?

No, dependant cannot get ILR until the main applicant is granted.

Can you list down exact absenses each year since T2 issued?

[nitinuniyal]

Here is the list, Thanks for your help.

07th Apr 2013 25th Apr 2013 Official 17
25thMay2013 31st July 2013 Official 66
17thAug2013 10thOct2013 Official 53
20thOct2013 26thDec2013 Official 66

16thJan2014 24thJan2014 Personal 7
07thFeb2014 11thMar14 Official 31
16thMar2014 05thJun14 Official 50
09thAug2014 27-Aug-14 Official 18
07thSep2014 06thNov14 Official 59
27thNov2014 11thDec14 Official 13
11thDec14 13thDec14 Official 1
21stDec14 26thDec14 Official 4

13thJan15 16thJan15 Official 2
03rdFeb15 5thFeb15 Official 1
16thFeb15 11thMar15 Personal 22
17thMar15 19thFeb15 Official 1
17thApr15 30thApr15 Official 12
10thJun15 14thJun15 Official 2
20thAug15 27thAug15 Personnel 6
20thOct15 19thDec15 Official 59

09thFeb16 12thFeb16 Official 3
07thNov16 10th Nov16 Official 4

16thApr17 11th May 17 Official 23
20th Oct 17 10th Nov 17 Official 20


31st July 2018 - 2017 43
Jan2017 - Jan 2016 7
Jan 2016 - Jan 2015 105
Jan-2015- Jan 2014 183
Jan-2014 - Jan 2013 202


First Tier 2 Visa Stampped 28/12/2012
Entry in UK 06/03/2013
Latest Tier 2 Visa Expiry 14/10/2018

[makky86]

Jan-2015- Jan 2014 183
Jan-2014 - Jan 2013 202

Rest are fine but above years are the issue. Unfortunately your clock was reset in 2015 so basically you could apply ILR in 2020 from Tier but since you had Tier2 in 2012 you cannot extend more than 6 years.

Above absenses also reset your 10 years residence status as well, so even if you go on 10 years route then you'll be able to apply in 2024.