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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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,I landed in UK on 25-Nov-2009 on Tier-2 Intra company

Resolved Question:

Hi,
I landed in UK on 25-Nov-2009 on Tier-2 Intra company Transfer(ICT) visa.I would like to know when is the earliest date to apply for ILR because I have absences in a year more than 180 days in 2013?
Please find below the absent days in last 5 years.
Year Date from Date To Days outside the UK
1 06-Nov-10 21-Nov-10 15
2 22-May-11 30-May-11 8
3 03-Mar-12 25-Mar-12 22
4 30-Jan-13 25-Aug-13 206
5 18-Apr-14 05-May-14 17
My current visa is valid until 12-Nov-2015.
​Could you please let me know when I am eligible to apply for ILR at earliest?
Thanks,
Ravindra
M:07459492777
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

As you spent more than 180 days out of the UK, that is a break in your continuous residency and your clock is reset. Your clock starts ticking from the time you entered the UK in 2014.

May I help further?
Customer: replied 2 years ago.

Hi,

In the 2nd trip I came on 25-Aug-2013 but few of my colleagues who have the same case got the ILR based on the backward calculation.

Please refer to the ILRcont_periods documents(from UKBA site) page number-19 and suggest me .

Below is the summary.

-----------------------------------------------

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, four, three or two consecutive 12 month periods, depending on the category, 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 12 November 2011
Year 2
11 November 2011
to 12 November 2010
Year 3
11 November 2010
to 12 November 2009
Year 4
11 November 2009
to 12 November 2008
Year 5
11 November 2008
to 12 November 2007

----------------------------------------

Please suggest on the basis of this document where as I am planning to apply on 25-Mar-2015.

Thanks,

Ravindra

Expert:  UK_Lawyer replied 2 years ago.
Hi, thank you for your question, I will be happy to help you today.
I have also read the document you have mentioned in your reply. I believe if you read the document and count backwards then in your case it would not be an issue for you as your would not have spent 180 days outside of the UK.
I think you may have a chance applying the ILR document and stating that you believe you are eligible if the home office count backwards from March 2015. You should mentioned the dates backwards starting from the date you apply and also send a copy of page 19 of the ILR document.
In my experience the home office usually reject applications if the applicant has been outside of the UK for more than 180 days, but in your case you only have two options, either you dont take the risk and wait until august 2018 to apply for you apply now and see if the home office take the same way as you when they read their guidance notes.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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