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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Question is on continuous period . i switched to tier

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question is on continuous period for ILR. i switched to tier 1 general from tier 2 in September 2009 and travelled out of the uk in october 2009. I came for short visits in 2010 but was on maternity leave after I had baby out of the uk in december 2010. I came back in May 2011 and I have renewed my tier 1 visa twice and have not been out since may 2011. I am going to apply for ILR on 1 December 2015 counting my continuoius pereiod from from 1 december 2010 as I will still have less than 180 days absence between 1 december 2010 and 30 November 2011. Will I be able to do this?
Customer: replied 2 years ago.
Continuos period calculation
01-Dec-15 30-Nov-14 366
01-Dec-14 30-Nov-13 366
01-Dec-13 30-Nov-12 366
01-Dec-12 30-Nov-11 367
01-Dec-11 30-Nov-10 366Absent days
01-Dec-10 30-Dec-10 29
01-Jan-11 24-May-11 143Evidence of maternity leave to take to appointment- Birth certificate, is this sufficient?
It appears that you are eligible for ILR as your absences are not for more than 180 continuous days and you held valid leave to remain in the UK throughout since 1 Dec 2010.
You may also submit any letters from your employer approving you going on maternity leave, along with hospital and doctors letters showing you were pregnant, pre natal scans etc.
Hope this helps
UKSolicitorJA and other Immigration Law Specialists are ready to help you
Customer: replied 2 years ago.
thanks for your reply. In the application do I have to include absences not related to the 5 year continuous period ie absences before 1 dec 2010? I am thinking I should only put the absences in the 5 year period and include a cover note to clarify this.