Absence Calculation - Complication (puzzle-2!)

itsprabu · Post by **itsprabu** » Thu Dec 05, 2013 7:01 pm

My Tier-1 General visa was valid from 11/04/2010 and i entered UK for the 1st time for a week on a casual trip on 12/06/2010 and exited UK on 19/06/2010 (basically came to hunt for a job).

I again entered UK only on 16Oct2010 through employment (basically transfer). Since then i'm in UK and my renewed visa is now valid until 28Apr2015.

So can i apply for ILR on say 01Apr2015? Assuming

1st Year 12/04/2010 11/04/2011 (61+119=180 days absent)
2nd Year 12/04/2011 11/04/2012 (23 + 4 days absent)
3rd Year 12/04/2012 11/04/2013 (0)
4th Year 12/04/2013 11/04/2014 (21 days absent)
5th Year 12/04/2014 11/04/2015 (0)

Now the huge question is, can the absence in my first year, i.e.,
from 11Apr2010 and 12June2010 (which is 61days),
also between 19Jun2010 and 16Oct2010 (which is around 119 days)
be considered as qualifying period in my ILR application. Literally i got employed and moved to UK only on 16Oct2010.

Kindly advise. Thank you.

Post by **Amber** » Sat Dec 07, 2013 5:13 pm

If you can spread the dates so that for each 12 month period your absences do not exceed 180 days, that should suffice.

itsprabu · Post by **itsprabu** » Sat Dec 07, 2013 8:09 pm

Amber_ wrote:If you can spread the dates so that for each 12 month period your absences do not exceed 180 days, that should suffice.

Thanks for your response Amber. But if you notice my above table and then the following questions. Need your specific inputs on my qualifying period. Are those 61 days and 119 dayside in the first year are considered as 'qualifying period'?
Thanking you in advance.

Post by **Amber** » Sun Dec 08, 2013 7:33 am

The period from 11/04/2010 to 12/06/2010 would not be considered as an absence.

itsprabu · Post by **itsprabu** » Sun Dec 08, 2013 7:47 am

Amber_ wrote:The period from 11/04/2010 to 12/06/2010 would not be considered as an absence.

Thank you so much, but what about also between 19Jun2010 and 16Oct2010 (which is around 119 days) ?

sagareva · Post by **sagareva** » Mon Dec 09, 2013 12:31 am

everything after your first entry to the UK in June 2010 under this entry clearance, is an absence/ that you have only first entered for few days does not matter.

between the day of entry clearance and first entry , april to june 2010 - not an absence

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Absence Calculation - Complication (puzzle-2!)

Absence Calculation - Complication (puzzle-2!)