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DATE OF APPLICATION FOR ILR

Posted: Mon May 29, 2017 8:36 pm
by Banbury
Hello All, apologies if someone has already answered this elsewhere (I did try and look for the answer but failed). I am looking to make an ILR application and am aware that this can be made 28 days before completing the 5 year continuous residence requirement. I need to understand when would be the earliest date I can apply. My timelines and background are as follows:
UK Work permit - 2007 to 2012
Tier 2 visa - 2012 to 2015
Whilst I was still on my work permit, I spent 2 years 2011 to 2013 overseas and so my Tier 2 visa was extended whilst I was working abroad. I did come into the country in August 2012 to renew my Tier 2 visa and then went overseas and returned back in Jan 2013. I have been in the UK ever since Jan 2013.

As I need to apply for my ILR 28 days before the 5 year period, would the date of application be 28 days minus 5 years from my date of actual entry in the UK (Jan 2013) or would it be, following the grant of my Tier 2 Visa, 28 days before such date that I am in compliance with the 180 absence limit in any 12 month period?

Very grateful for your advice.

Re: DATE OF APPLICATION FOR ILR

Posted: Tue May 30, 2017 9:21 am
by iworker
From Jan 2013 to 1 year ahead, i.e., jan 2014, you did not leave the country at all, then i think you can apply on the following date
Jan 2018 - 180 days.
This is because technically u had tier 2 all that time, and since you are allowed 180 days allowed in a year outside the country, you should be ok applying jan 2018-180 days

Re: DATE OF APPLICATION FOR ILR

Posted: Tue May 30, 2017 10:59 am
by zimba
You better apply in December 2017 for ILR, 28 days before reaching 5 years from Jan 2013. While you can only be outside the UK for up to 180 days per year under Tier 2, any extended absence from the UK requires very good explanation and justification to be accepted by HO.