ILR - Date of Entry or Date of Visa
Posted: Mon Jan 21, 2019 8:12 pm
Hi All,
I have the following query on calculation of 5 years residence. Please can you provide your thoughts.
UK visa (Tier 2 general) for me & my wife was issued on / valid from 01 February 2014 but my spouse had arrived only on 02 May 2014 (91st day after visa issue) & there is another absence (holiday) during 2014 - for 21 days. As per the current rules 180 days of absence is allowed in any 12 month period.
The Tier 2 of the Points Based System – Policy Guidance (Latest Version 11/18) states as below
"
261. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period.
For example, if you entered the United Kingdom 100 days after you obtained entry clearance and have a further 81 days’ absence during the remainder of a continuous 12 month period, you will have exceed the number of absences permitted from the United Kingdom. You would therefore not qualify for settlement 5 years after the date you obtained entry clearance. You would need to wait until a date where you have spent a total of 5 years in the UK with absences of less than 180 days in any consecutive 12 months before you could qualify.
"
So, is it correct to understand that although my family has arrived in May 2014, they are eligible to apply ILR at the end of 5 years - ie, in Feb 2019, since the total absence in 2014 is not more than 180 days.
Any thoughts would be welcome.
Thanks in advance
I have the following query on calculation of 5 years residence. Please can you provide your thoughts.
UK visa (Tier 2 general) for me & my wife was issued on / valid from 01 February 2014 but my spouse had arrived only on 02 May 2014 (91st day after visa issue) & there is another absence (holiday) during 2014 - for 21 days. As per the current rules 180 days of absence is allowed in any 12 month period.
The Tier 2 of the Points Based System – Policy Guidance (Latest Version 11/18) states as below
"
261. You can include the time between your entry clearance being granted and you entering the United Kingdom as part of your continuous period. Absences between the date entry clearance is granted and the date you enter the United Kingdom are treated as an absence from the United Kingdom and will form part of the 180 days allowed within a continuous 12-month period.
For example, if you entered the United Kingdom 100 days after you obtained entry clearance and have a further 81 days’ absence during the remainder of a continuous 12 month period, you will have exceed the number of absences permitted from the United Kingdom. You would therefore not qualify for settlement 5 years after the date you obtained entry clearance. You would need to wait until a date where you have spent a total of 5 years in the UK with absences of less than 180 days in any consecutive 12 months before you could qualify.
"
So, is it correct to understand that although my family has arrived in May 2014, they are eligible to apply ILR at the end of 5 years - ie, in Feb 2019, since the total absence in 2014 is not more than 180 days.
Any thoughts would be welcome.
Thanks in advance