ILR 172 days out of uk

[faisalshah35]

I was out of UK for 172 in my first year out of the five year. Do I have to provide a proof or is it ok without the proof according to the new law.

thanks in advance

[uksettlement]

Don't think anyone can help without knowing your current visa, entry and EC dates etc

[faisalshah35]

sorry for the late reply. I am tier 1 general visa and the first year start from 17th june 2008 to 16th june 2009.

[uksettlement]

again insufficeint information hence dont think I can comment....However, I would urge you to read the document link in the source...

This page tells you when absences will not break continuity when calculating if the
continuous period requirement has been met.
No more than 180 whole days absence are allowed in any of the five, two, three or four
consecutive 12 month periods, preceding the date of the application for indefinite leave to
remain (ILR).
The specified continuous period is counted backwards from the date of the ILR application.
For example, if the date of application is 11 November 2012, the consecutive periods would
be as follows:
Year 1 11 November 2012 to 10 November 2011
Year 2 11 November 2011 to 10 November 2010
Year 3 11 November 2010 to 10 November 2009
Year 4 11 November 2009 to 10 November 2008
Year 5 11 November 2008 to 10 November 2007

Source: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[faisalshah35]

17 June 2008 17 June 2009 First Year
Absence
172 days


17 June 2009 17 June 2010 Second Year
No absence


17 June 2010 17 June 2011 Third Year
No absence


17 June 2011 17 June 2012 Fourth Year
No absence


17 June 2102 17 June 2013 Fifth Year
No Absence yet


Hope I made it very much clear now. U want me to explain it more then please let me know. I will word it for you again.

[faisalshah35]

I have read that document already. But on the settlement form question D2 says that if there is absence of 3 months in 12 consecutive months then we have to fill D3. D3 is the explanation of the absences. But if the rule has changed to 180 days then why D2 and D3 questions are still there on SET(O)

[faisalshah35]

can u comment now MR settlement?

[cs95tdg]

But on the settlement form question D2 says that if there is absence of 3 months in 12 consecutive months then we have to fill D3. D3 is the explanation of the absences. But if the rule has changed to 180 days then why D2 and D3 questions are still there on SET(O)

The UKBA have confirmed that these questions are irrelevant based on the latest immigration rule changes and that the form will be amended in the near future. In the meantime you can skip these questions when filling the form.

[uksettlement]

D2 is no longer an issue as 90 days is no longer a requirement. Read this on whatdotheyknow.com

http://www.whatdotheyknow.com/request/c ... ing-350696

[faisalshah35]

ok thanks one last question. I was just thinking coz my visa expired on 17th of june 2013 and that is the date when I complete 5 years. When can I apply for the settlement. If I apply before 28 days ..will that be counted in my 5 years??? can u please clarify this last point.

[cs95tdg]

You need to clearly state the following, to be able to answer the question you have asked:

1) Your initial T1G EC date: ?
2) Your first date of entry to the UK: ?

[faisalshah35]

Tier 1 General Visa.

I was already in uk when I got the visa

So no entry clearence date for me.

I got the visa on 17th of june 2008 and the visa runs on on 17th of june 2013.

When can I apply.

[cs95tdg]

In that case you would be eligible to apply from upto 28 days before the 5th anniversary from 17th of june 2008.

[faisalshah35]

would I not fall short of the 5 years? As I complete five year in 17th of june 2013?

[faisalshah35]

for eg:

if someone's visa started on

17th of june 2008 and expired on 2nd of june 2013.

IF they apply on suppose 28 of May 2013. Would they still be eligible for settlement 5 years period??

[cs95tdg]

No. From what you say, you have been granted exactly 5 years of LTR as a T1G Migrant. You can submit your ILR application from upto 28 days before your LTR expires, as thats your 5th anniversary date. Please read the SET(O) form and guidance carefully. The guidance has a section indicating when you should apply.

[faisalshah35]

Sorry to bother u bro but I am in a very bad situation now.

What happened is.

My Tier 1 visa started on 17th of june 2008. I was in the UK already.
I applied for the extenstion after three years which was 12 days before the expiry of the first 3 years.

So my first period from was from 17th of june 2008 to 17th of june 2011.
Now because I applied for my extension of tier 1 general before 12 days of 17th of june 2011. I got the extension till 2nd of June 2013.

So that means on 2nd of June 2013 I will be 12 days short of the five year.
Now what I was thinking is that if I apply for settlement on 28th of May 2013 would it be ok ? as you say 28 days grace is given???

[uksettlement]

Sorry to bother u bro but I am in a very bad situation now.

What happened is.

My Tier 1 visa started on 17th of june 2008. I was in the UK already.
I applied for the extenstion after three years which was 12 days before the expiry of the first 3 years.

So my first period from was from 17th of june 2008 to 17th of june 2011.
Now because I applied for my extension of tier 1 general before 12 days of 17th of june 2011. I got the extension till 2nd of June 2013.

So that means on 2nd of June 2013 I will be 12 days short of the five year.
Now what I was thinking is that if I apply for settlement on 28th of May 2013 would it be ok ? as you say 28 days grace is given???

Yes you will be fine to apply then.

[faisalshah35]

Sorry to bother u bro but I am in a very bad situation now.

What happened is.

My Tier 1 visa started on 17th of june 2008. I was in the UK already.
I applied for the extenstion after three years which was 12 days before the expiry of the first 3 years.

So my first period from was from 17th of june 2008 to 17th of june 2011.
Now because I applied for my extension of tier 1 general before 12 days of 17th of june 2011. I got the extension till 2nd of June 2013.

So that means on 2nd of June 2013 I will be 12 days short of the five year.
Now what I was thinking is that if I apply for settlement on 28th of May 2013 would it be ok ? as you say 28 days grace is given???

Yes you will be fine to apply then.

Oh thanks for the great news. I was very confused. This saves me a lot of money. Thanks bro.

[faisalshah35]

Sorry to bother u bro but I am in a very bad situation now.

What happened is.

My Tier 1 visa started on 17th of june 2008. I was in the UK already.
I applied for the extenstion after three years which was 12 days before the expiry of the first 3 years.

So my first period from was from 17th of june 2008 to 17th of june 2011.
Now because I applied for my extension of tier 1 general before 12 days of 17th of june 2011. I got the extension till 2nd of June 2013.

So that means on 2nd of June 2013 I will be 12 days short of the five year.
Now what I was thinking is that if I apply for settlement on 28th of May 2013 would it be ok ? as you say 28 days grace is given???

Yes you will be fine to apply then.

According to the ukba article

The specified continuous period is counted backwards from the date of the ILR application.
For example, if the date of application is 11 November 2012, the consecutive periods would
be as follows:
Year 1 11 November 2012 to 10 November 2011
Year 2 11 November 2011 to 10 November 2010
Year 3 11 November 2010 to 10 November 2009
Year 4 11 November 2009 to 10 November 2008
Year 5 11 November 2008 to 10 November 2007


It says that the continous period start from 11 Nov 2012 (i.e., the date settlemend is applied)

So if I use the same in my case
I will apply on 28th of May 2013. So if you go back 5 years the date will be 28th of May 2008. However, my Tier 1 started on 17th of june 2008.

Does it make sense??

[uksettlement]

That's fine