Short By 3.5 Months for ILR

[CSHA]

Hello Experts,

I have been a viewer of this forum since last few months and really appreciate your great contribution to help many people.

Below is my case:

Tier 2 (General) Visa start date: 1 May 2012
UK entry date : 13 May 2012
Went out from UK : 12 June 2012 ( For business purpose)
Came back to UK: 2 Feb 2014 ( Since than staying here only)
Visa Expiry date : 13 May 2018 (Already done with two visa extensions)

Hence as per my calculation including allowable 180 days absences, 5 years continuous period starts from 26 august 2013 - 26 august 2018 ( considering 17 more absences after coming back). So I am approximately 3.2 months short to qualify for ILR.

Now question are :
1. I am planning to apply by post. What are the chances if caseworker view application after 26 Aug?
2. Consequences if caseworker view application before 26 Aug. If it is refused, will I be able to appeal again?
3. Will application be refused straight away because I am applying 28 days prior qualifying period?
4. Whats is the menaing of qualyfing period as I have completed more than 5 years on Tier 2 Visa but not 5 years continuous stay.

Or is there any better approach on how should I proceed. Your valuable advice would be highly appreciated.


Many Thanks,
CS

[CR001]

Do you realise that the absence rules have recently changed? It is now ANY absence of 180 days or more in ANY 12 running months. No longer based on date of qualifying or date of application.

1. I am planning to apply by post. What are the chances if caseworker view application after 26 Aug?

Unlikely. Set(O) postal takes a couple of months.

2. Consequences if caseworker view application before 26 Aug. If it is refused, will I be able to appeal again?

There are no appeal rights for PBS route applications. You would have the option of AR, which is for when HO has made an error and you cannot submit new evidence.

3. Will application be refused straight away because I am applying 28 days prior qualifying period?

Possible, or HO will take your WHOLE time on PBS route visas re absences.

4. Whats is the menaing of qualyfing period as I have completed more than 5 years on Tier 2 Visa but not 5 years continuous stay.

You need 5 continuous years living/working in the UK and be within the permitted absence allowance.

[zimba]

Rules changes details: indefinite-leave-to-remain/big-changes- ... 46559.html

The OP seems to be short of almost a year

[CR001]

Rules changes details: indefinite-leave-to-remain/big-changes- ... 46559.html

The OP seems to be short of almost a year

Yes, that too. Would qualify in 2019.