Will be applying got ILR in NOV 2014

[developer101]

I had sumbitted my enquery here before. i did get responses but still I am quite confused. I even called UKBA twice and not really I am getting clear answer. What all they do is read out to you from their site.

See I came to UK on 5th of Nov 2009. I am on Tier 1 G. I will need to apply ILR on or after 5 Nov 2014.

Basically in the year 2010 from (5 Nov 2009 to 5 Nov 2010 ) I had 164 days absences from UK. The reason was just visiting family back home and nothing else. It was 82 days on one occasion and 82 days other occasion but in same year.

In those 164 days absences I was not working. They were not the holidays from the my employer or business trips. I was not doing any job. but between those two 82 days absences occasions I did work for 4 months.

So I came to UK and then left from UK for 82 days and returned back and started work for 4 months , got laid off for some reason and then went back home again for 82 days. I dont have any proof of reason I went for to back home, it was just family visit. Then returned back to UK and I am here ever since except I took annual holidays from company in december 2012 for 2 weeks.

Based on above will my 2010 year will be counted or instead I should sumbit ILR in year 2015 instead of 2014.

Please guide me and please be clear. I need to make a decision based on this.

[developer101]

Please can some one rely me on this? As its important for me to make a decision. I have option to leave UK now if I do't get ILR in 2014.

My main concern is during all those expenses will I need to give a reason? Those holidays were not work related or any emergency or paid leave. They were all unpaid. personal absences and I didn't have an job in UK at that time.

[uksettlement]

On tier 1 you don't need any proof for absences. Also you are within 180 days limit per year hence you qualify based on the current rules however, Nov 2014 is far off and the rules could change again so watch out.

Also you can apply 28 days you complete 5 yrs.

[developer101]

Thanks a lot for this but below according to this statement form UKBA


'For the Tier 1 Investor, Tier 1 Entrepreneur, Tier 1 Exceptional Talent and Highly Skilled Migrant (applying under Appendix S of the rules) categories there is no requirement to give a reason for absences if they do not exceed 180 days in any of the five, four, three or two consecutive 12 month periods of the continuous period, counted backwards from the date of application for indefinite leave to remain (ILR).'

There is no mention of Tier 1 General?. And what is Highly Skilled Migrant (applying under Appendix S of the rules)?

Please clarify.