leave over 180 in the last year of the 5 year period

bb1069 · Post by **bb1069** » Tue Jan 22, 2013 9:21 pm

I work under WP from Feb 2008 and sept 2010, then Tier one (general) between Sept 2010 to Sept 2011 in University, without long absence. I left employment after Sept 2011.

I left UK in Oct 2011 and back on 1 July 2012, during the period I have one employment with UK LTD company since May 2012.

I left for business trip on 1Aug and back on 1 Jan 2013 with the same Ltd company.

So I left UK over 300 days in final year , Am I still eligible for the ILR application? I have heard the new change on 13 Jan do not allow leave over 180 days, Is it confirmed? Please help.

uksettlement · Post by **uksettlement** » Tue Jan 22, 2013 9:27 pm

Yes that is correct....

Changes to the Immigration Rules for indefinite leave to remain for
work permit and other pre-Points Based System employment, for
businesspersons, innovators, investors, self-employed persons,
writers, artists and composers, those here on the basis of UK
Ancestry and for Tier 1 General, Tier 2 General, Sportsperson and
Minister of Religion migrants and retired persons of independent
means. These changes clarify that absences of up to 180 days in a
12 month period are permitted, provided the absence is for a reason
that is consistent with the migrant?s purpose of stay in the UK or
for serious or compelling reasons.

Source: http://www.homeoffice.gov.uk/publicatio ... rules-wms/

bb1069 · Post by **bb1069** » Wed Jan 23, 2013 12:33 am

so the absence over 180 has no choice at all now?

uksettlement wrote:Yes that is correct....

Changes to the Immigration Rules for indefinite leave to remain for
work permit and other pre-Points Based System employment, for
businesspersons, innovators, investors, self-employed persons,
writers, artists and composers, those here on the basis of UK
Ancestry and for Tier 1 General, Tier 2 General, Sportsperson and
Minister of Religion migrants and retired persons of independent
means. These changes clarify that absences of up to 180 days in a
12 month period are permitted, provided the absence is for a reason
that is consistent with the migrant?s purpose of stay in the UK or
for serious or compelling reasons.

Source: http://www.homeoffice.gov.uk/publicatio ... rules-wms/

uksettlement · Post by **uksettlement** » Wed Jan 23, 2013 1:05 am

If the absence is due to compassionate or compelling reasons only can a discretion be applied

Deepa999 · Post by **Deepa999** » Wed Jan 23, 2013 12:49 pm

uksettlement wrote:If the absence is due to compassionate or compelling reasons only can a discretion be applied

Completely agree with SOHEL, As read few successful cases here

akspv · Post by **akspv** » Wed Jan 23, 2013 1:46 pm

YEAR Start Date End Date No of days Away
-------------------------------------------------------------------
Year 1 20-Feb-12 19-Feb-13 0
Year 2 20-Feb-11 19-Feb-12 76
Year 3 20-Feb-10 19-Feb-11 104
Year 4 20-Feb-09 19-Feb-10 29
Year 5 21-Feb-08 19-Feb-09 16

In total I was away from UK for 225 days but year on year from the date of application I was away for less than 180 days in a calendar year.

Please note the EC stamp date is 21 Feb 2008 and if I calculate from that date then I got to put the final end date as 20-Feb-2013 but I am going for premium processing on 19 FEb 2013.

Kindly let me know whether I am eligible for ILR and also what date to put in the absence template.

Thanks,
akpsv

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leave over 180 in the last year of the 5 year period

leave over 180 in the last year of the 5 year period

Pls check my ILR Status