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Hi,

I am bit confused with my ILR eligible date. Can someone please help me.

Below are my dates of entry in UK

Visa type- Tier 2 General

Visa Start Date - 1st July 2013
UK Arrival Date- 6th July 2013
Leave UK Date - 31st Aug 2013
UK Arrival Date- 26th May 2014 and staying

Can someone please help me when should i be eligible for ILR??

I have doubts is it Nov 2018 or May 2019.

Thanks in advance

Not sure what November 2018 date refers to or how you get this date???

You qualify in May 2019.

CR001 wrote: ↑

Wed May 30, 2018 11:18 am

Not sure what November 2018 date refers to or how you get this date???

You qualify in May 2019.

As my Visa started in July 2013 and i left UK in AUG 2013 and came back again in May 2014. As per ILR rule applicant needs to stay 180 days in a year. So 1 st year i am calculating from Nov 2013 so 180 days i am not available and remaining 180 days i am in the country.

The rules changed early this year.

It is no longer 180 days absence allowed per qualifying year. ANY absence of 180 days or more in ANY 12 month rolling period will result in a refusal.

Your qualifying period starts in May 2014.

I guess you can apply on or after 1 st Jan 2019.

As you can clearly split 180 days into two years and you can request case worker to use discretion on this .as the new 180 days rolling period calculation is effective from 11 Jan 2018 and you got your visa on 2013.

Lets wait for some more options from other members

sparkyram wrote: ↑

Wed May 30, 2018 11:33 am

I guess you can apply on or after 1 st Jan 2019.

As you can split 180 days into two years and you can request case worker to use discretion on this .as the new 180 days rolling period calculation is effective from 11 Jan 2018 and you got your visa on 2013.

Lets wait for some more options from other members

No, absence can no longer be split into two years. The absence rules changed on 11th January and is retrospective, so any absence of 180 in any 12 month rolling period in the qualifying period for PBS main visa holders.

It is ONLY for PBS Dependent extension visas issued on or after 11th January that the rule is not retrospective.

CR001 wrote: ↑

Wed May 30, 2018 11:37 am

sparkyram wrote: ↑

Wed May 30, 2018 11:33 am

I guess you can apply on or after 1 st Jan 2019.

As you can split 180 days into two years and you can request case worker to use discretion on this .as the new 180 days rolling period calculation is effective from 11 Jan 2018 and you got your visa on 2013.

Lets wait for some more options from other members

No, absence can no longer be split into two years. The absence rules changed on 11th January and is retrospective, so any absence of 180 in any 12 month rolling period in the qualifying period for PBS main visa holders.

It is ONLY for PBS Dependent extension visas issued on or after 11th January that the rule is not retrospective.

Okay.. i may be wrong.. But since I saw similar kind of answer few days back in our forum in the below post i thought the discretion is allowed

indefinite-leave-to-remain/outside-the- ... l#p1587939


In the guidance, Under exceptional cases would this case not be considered as " exceptionally harsh consequences." due to new rule from 11th jan 2018, as per guidance below

You may also consider granting outside the rules if an applicant provides a letter
setting out reasons why they believe changes to how the 180 days are counted will
cause them exceptionally harsh consequences. From 11 January 2018, the rules
refer to absences in any 12-month period, whereas previously they referred to
absences in separate consecutive 12 month periods.
Decisions will vary depending on individual circumstances, but relevant factors may
include:
• when the periods of leave making up the continuous period were granted in
relation to the rules change of 11 January 2018
• the level and pattern of the applicant’s absences from the UK during each of
those periods of leave
• whether the consequences of a refusal would be exceptionally harsh, for
example whether it would not be possible for them to qualify for settlement at a
later date because they would be unable to apply for further extensions
You can only apply discretion when it has been authorised at senior executive officer
level.

Different scenario/case though isn't, difficult pregnancy/child birth vs leaving the UK for 9 months and then returning. No mention of reason for absence of 9 months either.

The gap for 9 months because of company assignment was over and again got the assignment in May 2014.