ILR Eligibility with Absences in 5 year period

[OhmV]

Hi everyone
I am ready to apply for ILR as my Tier 1 extension expires in December 2017, however have following absences in over 5 year period so kindly advise if am eligible to apply or not.

Initial Tier 1 Entrepreneur Visa Granted: 22 Feb 2012

Entry into UK: 06 April 2012 (43 days after visa was granted)

1st absence from UK: 07th Nov 2012 to 09th May 2013 (183 days)

2nd absence from UK: 14th Aug 2013 to 28th Dec 2013 (137 days)

3rd absence from UK: 30th Dec 2016 to 08th April 2017 (100 days)

on the basis of above am I eligible to apply for ILR at all , anytime from now till mid of December when my current extension expires, if not what all options do I have.

Many thanks
Ohm

[Casa]

Hi everyone
I am ready to apply for ILR as my Tier 1 extension expires in December 2017, however have following absences in over 5 year period so kindly advise if am eligible to apply or not.

Initial Tier 1 Entrepreneur Visa Granted: 22 Feb 2012

Entry into UK: 06 April 2012 (43 days after visa was granted)

1st absence from UK: 07th Nov 2012 to 09th May 2013 (183 days)

2nd absence from UK: 14th Aug 2013 to 28th Dec 2013 (137 days)

3rd absence from UK: 30th Dec 2016 to 08th April 2017 (100 days)

on the basis of above am I eligible to apply for ILR at all , anytime from now till mid of December when my current extension expires, if not what all options do I have.

Many thanks
Ohm

No more than 180 whole days absences from the UK are allowed in any consecutive 12 month period prior to the date the ILR application is submitted.
In your 2nd absence, have you counted the day of departure & the day you arrived back in the UK?

[OhmV]

Thanks for your reply Casa

Yes I have included both , day of departure & arrival into the UK so even if we exclude, it would reduce each absence by 2 days, which I think is still not good enough to meet the qualifying period.

If I am not eligible for ILR, under what category am I eligible to apply for further extension

Regards
Ohm

[OhmV]

Hi all
I might be daft here, but is it possible to break down absence from 1 calendar year to another, for example in my case I entered in UK on 06th April 2012 & if we calculate the absence from that date for each rolling year then it looks like below, however if they stress on 180 days consecutive then I will have to wait till mid-may 2018. Any suggestions are most welcome.

Date of Absence Duration
6th april 2012 to 5th april 2013: 149 days
6th april 2013 to 5th april 2014: 171 days
6th april 2014 to 5th april 2015: Nil
6th april 2015 to 5th april 2016: Nil
6th april 2016 to 5th april 2017: 97 days

Many thanks
Ohm

[CR001]

Absence is counted in 12 month cycles counting backwards from the date you apply for ILR. So work out when you qualify and count the 12 month cycles like that.

[OhmV]

Absence is counted in 12 month cycles counting backwards from the date you apply for ILR. So work out when you qualify and count the 12 month cycles like that.

Thanks Char

Can you or someone please advise what option do I have now, apply for another T1 extension or leave to remain till I meet the qualifying period, also for any other members who might face the same issue, based on my absence I was right to split it over 2 calendar years & perhaps had the chance to apply anytime with in a week from 06th to 13th April 2017.

Many thanks
Ohm

[CR001]

Choose a date you want to apply and then calculated you 13 month cycles backwards from that date and work out your absences. It isn't difficult to do.

[OhmV]

Choose a date you want to apply and then calculated you 13 month cycles backwards from that date and work out your absences. It isn't difficult to do.

Thanks Char
I think latest I could apply for ILR will be anytime after 10th May 2018, however, my leave expires in Dec17, can you or someone please suggest if am eligible to apply for another T-1 extension or any other leave to remain, which could then help me complete the qualifying period.

Regards
Ohm

[CR001]

You need to work out your absence per 12 month cycle.

For example, if you apply on X date in December, use that exact date to work out your absence.

December 2007 to November 2008
December 2008 to November 2009 etc etc etc.