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Several questions seeking confirmation

Posted: Sat Nov 06, 2010 9:38 pm
by NumbersGame
Hi,

I have read several threads on this forum and it's been very helpful.
However I still want to confirm my understanding just to be on the safe side!

My situation is:
Work Permit - Date of entry: 28/09/2008
Tier 1 General - Date of entry: 9/12/2008

Questions:
1. Under the current rules, I am eligible to apply for ILR 28 days before 28/09/2013?

2. I need to prove that I was not out of the country for more than 180 days in the past 5 years? Or is it 180 days in past 4 years?

3. Paid leave doesn't count towards those 180 days right?
I have 27 days of paid leave each year, and I have taken a month between jobs! So those dates should not count towards the 180 days?

4. On the date of my application, do I have to be in UK 5 years ago?
So if I apply on 1/09/2013, I had to be in the UK on 1/09/2008 right?
If that's the case, how can people apply 28 days prior to the 5 year period?

Thanks!

Posted: Sat Nov 06, 2010 10:47 pm
by NumbersGame
I think I found the answer to question 2.

It will be 5 years because I fall under the new PBS, and not the old HSMP.
So does that mean 180 days of absence in the 5 year period?

Also can someone help clarify the other points?

Thanks very much!

Posted: Sat Nov 06, 2010 10:54 pm
by vinny
Normally, you may apply for ILR no sooner than 28 days prior to the completion of your qualifying period and before your leave expires. See also Chapter 6A - Settlement.

4. is applicable to naturalisation applications, not ILR applications.

Posted: Sat Nov 06, 2010 11:12 pm
by NumbersGame
vinny wrote:Normally, you may apply for ILR no sooner than 28 days prior to the completion of your qualifying period and before your leave expires. See also Chapter 6A - Settlement.

4. is applicable to naturalisation applications, not ILR applications.
Thanks vinny.
I read Chapter 6A and I can see the answers are all there:

Q1: I can use my WP as part of my 5 years
Q2: 5 years
Q3: Paid leave and business trips doesn't count. Basically need to show that you were still based in UK for full time employment.
Q4: Only required for naturalisation