ILR Eligibility - five year period

[speedsven]

Hi,

I have a query on Calculation of 5 year period:

HSMP issued : 1-1-2008
Entry Date : 5-3-2008 (65 days late)
Tier - 1 Extention : 1-1-2010 to 1-1-2013

I am out side uk for 132 days.

As per UKBA ILR guidence
"In some cases, applicants may have been granted five years continuous leave, but will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months."

Based on this scenario, how the five year period could be calculated for me:

1. is it 132 + 65 = 197 or just only 132?
Can I apply for ILR or do I need to go for extensioon as total days out of UK is morethan 180?

2. In that period, 3 months i was unemployed. So I dont have pay slips for that time. But I have P60's for that year. Does this effect my ILR?

Please advise.Your help is much appreciated.

[zahid.ali.anwar]

Hi speedsven,

Your late entry has no effect on your ILR. So 65 days late is fine, as per the rule you have mentioned in your post.

As far as the out of the UK days are concerned. Please advise if these 132 days are in a single stretch or they are used in different times.

The rules says that you are allowed 180 days in 5 years and out of those 180, no single leave is more than 90 days. Unless you are on business or official trip and if there are any holidays in it, they are all paid holidays.

The 3 month unemployment has NO effect on ILR, provided you qualify the earning criteria and achieve the required income band required for the grant of ILR.

[speedsven]

Hi Zahid,

Thanks for the clarification.

Sorry..I haven't mentioned clearly about out side UK period.It was not continuous absence..132(15+10+72+35+10)..never exceeded 90 day limit..

I have one more query about previous earnings section. During my last tier-1 extension, I claimed 45 points for Previous earnings .but for ILR I will get less than 45 points either 40 or 35?

Should I earn 45 points for previous earnings to get ILR as I claimed for Tier-1 extension?

[zahid.ali.anwar]

Should I earn 45 points for previous earnings to get ILR as I claimed for Tier-1 extension?

You don't need to claim MAXIMUM points. You need to score minimum required points to get you through ILR.

Meaning if the requirement of points is 75 in attributes and you scored 75 then it is fine. If, however, you score less than 75 then you will be in trouble. Just to remind you that attributes includes Age, Education, Previous Earning and UK experiance points. I don't know how much you have scored in other attributes....You are the best judge...do your math, before presenting your case for ILR. You can share your claiming points on this thread, and get the responce from members...

[speedsven]

Age-20+Education -30+ UK Exp - 5. I just need 20 for Previous earnings to which I can claim easily.

Once again thanks for clarification.