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Hello Everyone,

Good Morning.

I have a question regarding the ILR for a Tier 1 General Migrant.

Here is my case...

My HSMP VISA was first issued in April-2008 but I first entered UK in Aug-2008. So I came to late to UK by 4 months beccause of some personal reasons.

As per the new immigrations rules released on 22-Nov-2012( but effective from 13-Dec-2012), it says that a person can be outside UK for 180 days and can be still eligible for ILR.

Could you please confirm whether I can apply for ILR in the month of Mar-2013 or go for Tier1 Extension? My current Tier1 General VISA expires on 4-Apr-2013.

Appreciate your valuable inputs and for your time.

Thank You.

if the entry was delayed by more than 90 days then you wont be eligible to apply regardless for the 180 rule. But it might be worth waiting for the 13th Dec to get more clarity.

Hello UKSettlement,

I have copied the below text from the HC760 pdf document that has the changes that will be implemented on 13-Dec-2012.

As per the below text my thinking was that we can apply for ILR even we have entered UK after 90 days.

Guys please suggest..


the following Points-Based System categories:
o
Tier 1 General
o
Tier 2 General
o
Tier 2 Sportsperson
o
Tier 2 Minister of Religion
o
Tier 2 Intra-company transfers
o
Tier 5 (International agreement) – private servants in diplomatic households granted under Rules in place before 6 April 2012 only.
The Rules are being amended to clarify the absences that are permitted from the UK during the continuous period of lawful residence required for indefinite leave to remain in all these categories. Up to a maximum of 180 days in any of the 12 calendar month periods preceding the date of the application for indefinite leave to remain may be spent outside the UK, provided the absence is due to an employment, including annual leave, or business related reason or there are serious or compelling compassionate reasons for the absence.

Read 17a.

Hello Everyone,

Thank you for your inputs. I am planning to go for one more extension.