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Hi

I came to the UK in Jan 2009 with work permit valid till Dec 2010. I went back to India in May 2009, applied for Tier 1 while in India and came back to the UK on my Tier 1 General Visa in Nov 2009

I subsequently got my Tier 1 extended in 2012 and now planning to apply for ILR

My question is:

If I submitted my application for ILR in Aug 2014, will the time between Aug 09 and Nov 09 considered within my continuous period of 5 years or will it be considered as a break?

Please note I am ok with this period being considered as absence within the total 180 days absence period. I just do not want it to be considered as a break in the continuous period of 5 years.

Thanks

Hi all

just to give more information, my continuous period and days of absence in each of the 12 months will be as below

Year 1 01-Aug-14 02-Aug-13 15
Year 2 01-Aug-13 02-Aug-12 23
Year 3 01-Aug-12 02-Aug-11 24
Year 4 01-Aug-11 02-Aug-10 14
Year 5 01-Aug-10 02-Aug-09 119

In 2009 however, I was on work permit between Jan 09 and May 09. Went back in May 09, applied for Tier 1 and came back in Nov 09. The fact that I went back to India while on work permit and came back to the UK in Nov 09 - does it impact the continuous residence calculation?

Thanks

Thanks Amber

In my case, my work permit was actually valid till Dec 2010. And I got Tier 1 while still having a valid work permit as I could not get a longer term assignment with my employer at that time.

I was worried as to whether I should have been in the UK on the first day when the 5 year period starts. It looks like it doesn't have to and in fact I may now be able to apply for ILR even earlier (as early as 01 Jun) based on below calculation

Year 1 01-Jun-14 02-Jun-13 13
Year 2 01-Jun-13 02-Jun-12 21
Year 3 01-Jun-12 02-Jun-11 22
Year 4 01-Jun-11 02-Jun-10 13
Year 5 01-Jun-10 02-Jun-09 179

Will get the life in the UK test out of the way first and then look into applying for ILR at the earliest

Thanks a lot for your help with this