Confusion about time calculation to apply for ILR

[littleprincess]

Confusion about time calculation to apply for ILR
Dear Moderators,
I am a silent reader to this forum from last few years. I must appreciate that this forum provides excellent information for its readers so that they no longer need any solicitor to apply their applications. I have some confusions and request you to provide me your expert opinions about my below mentioned questions.
1- I got my Tier 1 Ent. visa in April 2013, extension in Aug 2016 and have visa validity till September 2018. If I start my 5 years’ calculation from visa issued date i.e. April 2013 to April 2018 then there is a problem that my absence in 1st year of 5 years’ period is more than 180 days. If I start my calculation from UK entry date i.e. August 2013 then It’s alright, my absence is less than 180 days. My question is that “May I start my calculation of five years’ period from a different date (neither visa issue date, nor UK entry date) such as If I took June 2013 as start date then till June 2014, my absence was less than 180 days and till now June 2018 my five year completed without exceeding from 180 days in any year. So in that scenario all is set.
2- My wife got her visa in June 2013 but she entered in UK in April 2014 and still to date she is in UK, so if she allowed absence more than 180 days in 2013-2014 then she will also eligible i.e. June 2013 to June 2018, with me to apply ILR together. Otherwise she will be eligible in April 2019 for ILR and therefore she will apply in August 2018 for Tier 1 dependant and afterward in April 2019 she apply for ILR. So please suggest what she do either to apply Tier 1 dependant visa in Aug 2018 or ILR with me in June 2018 (in next few days)?
3- We have two kids who born in UK and we also got their visas via priority service last year as we visited overseas. I am thinking not to apply their visas with my ILR application and I plan when any parent got their ILR then straightaway apply their BC.

I would be appreciating if moderators give their expert opinions so that in the light of response we have to apply our visas.

[Djsuccess]

Confusion about time calculation to apply for ILR
Dear Moderators,
I am a silent reader to this forum from last few years. I must appreciate that this forum provides excellent information for its readers so that they no longer need any solicitor to apply their applications. I have some confusions and request you to provide me your expert opinions about my below mentioned questions.
1- I got my Tier 1 Ent. visa in April 2013, extension in Aug 2016 and have visa validity till September 2018. If I start my 5 years’ calculation from visa issued date i.e. April 2013 to April 2018 then there is a problem that my absence in 1st year of 5 years’ period is more than 180 days. If I start my calculation from UK entry date i.e. August 2013 then It’s alright, my absence is less than 180 days. My question is that “May I start my calculation of five years’ period from a different date (neither visa issue date, nor UK entry date) such as If I took June 2013 as start date then till June 2014, my absence was less than 180 days and till now June 2018 my five year completed without exceeding from 180 days in any year. So in that scenario all is set.

what visa were you on before the Tier 1 Ent.? when did you first enter UK? I am not sure you can hand pick when you want to use as your start date. Your start date is April 2013. it is what it is. The good thing is that you only need to meet the 180 days rule for the last 5 years. so if you delay your application until August/ September 2018, then the issue of having more than 180 days absence in year 1 will not be an issue. You will still need to put your start date to April 2013 but for decision purpose, the caseworker should only consider 5 years backwards from the day of your application. There's no point applying for ILR now if you know that you will have more than 180 days absence in your year 1. I hope you know that the counting is any 12 months period. It will be nice if you can provide a timeline of your visas and travels so you can get more help and suggestions


2- My wife got her visa in June 2013 but she entered in UK in April 2014 and still to date she is in UK, so if she allowed absence more than 180 days in 2013-2014 then she will also eligible i.e. June 2013 to June 2018, with me to apply ILR together. Otherwise she will be eligible in April 2019 for ILR and therefore she will apply in August 2018 for Tier 1 dependant and afterward in April 2019 she apply for ILR. So please suggest what she do either to apply Tier 1 dependant visa in Aug 2018 or ILR with me in June 2018 (in next few days)?

Your wife's clock started when she entered the country, which was April 2014. So her 5 yrs will be from April 2014 - April 2019. She cannot apply for ILR with you

3- We have two kids who born in UK and we also got their visas via priority service last year as we visited overseas. I am thinking not to apply their visas with my ILR application and I plan when any parent got their ILR then straightaway apply their BC.
Since the two kids have a valid visa, you can register them for BC after you have your ILR, provided their visa has not expired. If their dependent visa expires before your ILR, you might need to renew it.

I would be appreciating if moderators give their expert opinions so that in the light of response we have to apply our visas.

[littleprincess]

Thanks for the help. Here is my Timeline

I got my initial Tier 1 Entrepreneur Visa from India on 15 April 2013 (No visa before), getting Extension on
1 October 2016 and now applying ILR in next few days. I know I was eligible for ILR from 18 March 2018 but due to a lot of absences I did not apply so far. Here are the details of my absences

Year 1 Entry 1 7 August 2013 Leave 20 Sep 2013 = 44 days
Entry 2 15 November 2013 Leave 25 February 2014 =102 days
Entry 3 25 April 2014 till date in UK
The problem is that my first year completes on 15 April 2014 but I was available only 142 days in my first year so if I start my calculation on the basis of visa issue date then I have a shortfall of 38 days in year 1. That's the reason I delayed my application around 2 months to cover that gap and now willing to apply. My question is that

1-What I put my start date either its visa issue date i.e. 15/04/2013, UK entry date i.e. 7/08/2013 or another date such as 15/06/2018.
I understand your answers for my question no 2 and 3 but still confused for this question. So I request you to give me again your opinion.

[Djsuccess]

Thanks for the help. Here is my Timeline

I got my initial Tier 1 Entrepreneur Visa from India on 15 April 2013 (No visa before), getting Extension on
1 October 2016 and now applying ILR in next few days. I know I was eligible for ILR from 18 March 2018 but due to a lot of absences I did not apply so far. Here are the details of my absences

Year 1 Entry 1 7 August 2013 Leave 20 Sep 2013 = 44 days
Entry 2 15 November 2013 Leave 25 February 2014 =102 days
Entry 3 25 April 2014 till date in UK

Your timeline is a bit confusing. You have given information about time spent in the UK instead of time spent outside.
based on the information you have provided, you were out of the UK from 20/09/2013 to 15/11/2013 (56 days) and from 25/02/2014 t0 25/04/2014 (59 days).




The problem is that my first year completes on 15 April 2014 but I was available only 142 days in my first year so if I start my calculation on the basis of visa issue date then I have a shortfall of 38 days in year 1. That's the reason I delayed my application around 2 months to cover that gap and now willing to apply. My question is that

1-What I put my start date either its visa issue date i.e. 15/04/2013, UK entry date i.e. 7/08/2013 or another date such as 15/06/2018. Although your visa was granted 15/04/13, I believe your entry date of 7/08/13 is what counts as your start date. You cannot count the gap between 15/04/13 to 07/08/13 as absence because you have never entered the UK afterall. So I believe you were not qualified for ILR in April but you will be in August or 28 days before 07/08/2018.

I understand your answers for my question no 2 and 3 but still confused for this question. So I request you to give me again your opinion.

What is the expiry date for the dependent visas of your children? Once you get your ILR in August, you will be able to register your kids as British Citizens provided their dependent visa is still valid.
As for your wife, she entered UK in April, 2014. She will be qualified for ILR in April 2019. Again, she cannot count the gap between visa approval date of June 2013 and April 2014 when she first entered UK as absence. You should be looking at the date you and your wife entered UK for the first time on your respective visas and not the date it was granted..