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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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I will be applying for Settlement (Indefinite Leave to Remain)

Resolved Question:

I will be applying for Settlement (Indefinite Leave to Remain) once I am qualified in the next few months (based on living and working in the UK continuously for 5 years).
My first Leave to Remain Tier 2- general- stamped on my passport and issued in UK on 05 Dec 2009.
But my employment (i.e. my contact with my employer) started on 18 Jan 2010.
I left UK on 20 Dec 2009 and returned to UK on 14 Jan 2010 (I was spending Xmas back home).
When I am qualified for a Continuous 5 years (so my application can be made): on 4th Dec 2014, on 17th Jan 2015, or on 13th Jan 2015?
Can I still apply at a PEO 28 days before the given date?
If it is from 5th Dec 2009, how will my absence between 20 Dec 2009 and 14 Jan 2010 be considered (given the employer must provide a letter detailing reasons for absence including paid annual leave from the UK)?
I currently hold Tier 2 – general- Leave to Remain issued in UK on 16 October 2012 and valid until 15 November 2015. I am still working for the same employer.
Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,
You may apply for ILR up to 28 days before the fifth anniversary you started working so it would be up to 28 days before 18 Jan 2015.
Hope this helps and good luck
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