Applying for ILR,but break in Tier2 employmnt.Am I eligible?

[vishpb35]

Hi Moderators/Experts,
Again I require your help. This is query w.r.t my ILR case now. Looks like I desperately need an answer please.

My Case and visa stamping history-

1- I came UK on First - "Visa Tier 2 (ICT) in July 2009 from India....Visa was valid till Nov 2010.
2) Went to India on leave in Dec 2009 and lost my passport that had this stamp, and re-applied for NEW UK entry stamp on NEW Indian Passport. Came back to UK within 55 days on NEW entry stamp. I was still paid in UK salary...(I have got FIR from India etc)
3) In June 2010, my UK assignment ended so went back to India...Visa was still valid until Nov 2010 when I left UK.
4) Again came back to UK for same company on again NEW Entry stamp - Tier 2(ICT) In Oct 2010 (within 90 days from when I left UK in June 2010). Got paid in Indian salary for those 90 days while I was in India.
5) I am currently in UK on ICT Tier 2 extension against the visa when I entered in Oct 2010 which is valid till 2015.

So technically there in no GAP in visa for me during these past 5 years. (Same Indian employer over past 5-6 years)

Could the moderators (likes of Vinny/Amber/sushdmehta and other PROS) please shed some light on my below queries:

a) Although I first entered UK in July 2009 and lost my passport that contained this first entry stamp, AM I ELIGIBLE after 5 years for ILR this June 2014?

b) You may notice in Point 3 and 4 above that I was away from UK where my assignment ended and there was break in UK assignment and again came back to UK in Oct 2010 on new entry stamp. Would that be a problem in applying for my ILR this June 2014 because of break in employment or other reasons?


please please help.

Thank you very much in advance.

[vishpb35]

Moderators/Experts could you please help me on this above query please?

[Apam]

If you have proof and official documentation of missing passport you could possibly be eligible for ilr in 2014 as you may not have broken your continuity of stay.
Even if you ignore 2009 and start your clock from 2010, you may still be eligible in 2015
Mind you these rules are not so easy to interperate as the rukes for ict ilr changed in April 2010.
Caseworker discretion will play a huge role in your case.
Speak to a solicitor, they may give you a more accurate answer.
Otherwise email ukba with your time lines for their opinion.
Do share your story with us as you go along.

[vishpb35]

If you have proof and official documentation of missing passport you could possibly be eligible for ilr in 2014 as you may not have broken your continuity of stay.
Even if you ignore 2009 and start your clock from 2010, you may still be eligible in 2015
Mind you these rules are not so easy to interperate as the rukes for ict ilr changed in April 2010.
Caseworker discretion will play a huge role in your case.
Speak to a solicitor, they may give you a more accurate answer.
Otherwise email ukba with your time lines for their opinion.
Do share your story with us as you go along.

Thanks Apam, I can prove 2009 lost passport gap, so 1st question is answered for me.
My problem and main worry is around second point that I came on new entry stamp in Oct 2010 (although I had an previous UK valid visa until Nov 2010) and was NOT employed in UK from July to end of Oct 2010 -- ie. for 90 odd days i was on Indian salary.

[vishpb35]

@Vinny, @Manci, @amber, @sushdmehta ?
Expecting some experts/moderators comments on Query 2 please... Please guys kindly help me

[Amber]

So long as your absences are <180 days per 12 month period and you have some proof you were resident in the UK, you should be ok.

[vishpb35]

So long as your absences are <180 days per 12 month period and you have some proof you were resident in the UK, you should be ok.

Thanks Amber , I am delighted that you replied...appreciated. but my second question (related to Point 3 and 4 from OP) remains still unanswered . Please see below:

b) You may notice in Point 3 and 4 above that I was away from UK where my assignment ended and there was break in UK assignment and again came back to UK in Oct 2010 on new entry stamp. Would that be a problem in applying for my ILR this June 2014 because of break in employment or other reasons?

I was not resident in UK during that time (Aug 2010 to Oct 2010) although I came back to UK within < 180 days. There is a break in UK employment as I was not getting UK salary for these months. However my previous visa was still valid before I came back to UK on new entry stamp. (No proof for UK residency during that period, except running bank account)

Summary again : :

August 2010 - Oct 2010 - I was outside UK, no rented house in UK, nothing, except valid running/open Bank account (No UK salary)
Previous Visa -- - Valid until 14 Nov 2010
Entry Stamp: Came back to UK On NEW Entry stamp visa Tier 2 (ICT) in October 2010
Days outside UK < 180 days = To be precise = 89 days

Your thoughts please ?

[Amber]

I meant proof for the period when the passport was lost.

[vishpb35]

I meant proof for the period when the passport was lost.

Thanks Amber, I have got those proofs (absences from Dec 2009 - Feb 2010) when passport was lost, I was even paid UK salary ; I have UK salary slips during that period. point 1/2 done and dusted. Thanks

But my second absences - Point 3 & 4 (August 2010 - Oct 2010) related question is still not answered. I am worried about that one where I was not employed in UK(although had valid visa) .. please read my question above..

Any thoughts please? I can send you PM if you like. Please help.

[Amber]

You should be ok so far as you meet the necessary points eligibility when you apply.

[vishpb35]

You should be ok so far as you meet the necessary points eligibility when you apply.

Thanx amber, now i m confused as in some other posts
You hav mentioned tat provided person came back on same leave within 180 days there continuos residency is not affected,,,,,,, but in my case in oct 2010 i came on new entry visa (even though i had old valid visa) so did u mean it wil still fine for my ILR?

Could you please point to some ukba document link for the same if you can?

Appreciate your help as always

[Amber]

You can split the years so that 180 days absence is not exceeded for each 12 month period.

[vishpb35]

Hi amber, sorry i still didnt get my answer wrt main point. reposting main points n my question in blue color. Pls clarify this point

1- I came UK on First - "Visa Tier 2 (ICT) in July 2009 from India....Visa was valid till Nov 2010.

3) In June 2010, my UK assignment ended so went back to India...Visa was still valid until Nov 2010 when I left UK.
4) Again came back to UK for same company on NEW Tier2 VISA Entry stamp - Tier 2(ICT) In Oct 2010 (within 90 days) but visa issued post apr 2010 rules. Got paid in INDIAN salary for those 90 days while I was in India. Old visa was valid until nov 2010 but travelled on this new one


My question is as follow

You may notice in Point 3 and 4 above that I was away from UK where my assignment ended and there was break in UK assignment and again came back to UK in Oct 2010 on new entry stamp. Would that be a problem in applying for my ILR this June 2014 because of break in employment or entring uk on new entry stamp n visa as per apr 2010 rules

Hello Amber i hav highlighted main parts for my query above. Kindly advise

[layman]

Your best bet is to get a letter from your employer stating that you were required to work from India for that < 90 day period. That should cover the absence. Whether the new ICT visa in Oct 2010 is considered something similar to an ICT extension is not known. Not sure if your employer had an option of applying for extension of the initial ICT visa from India. I think you can take a chance and go for ILR in June 2014 with the absence letter

[vishpb35]

Hi amber, sorry i still didnt get my answer wrt main point. reposting main points n my question in blue color. Pls clarify this point

1- I came UK on First - "Visa Tier 2 (ICT) in July 2009 from India....Visa was valid till Nov 2010.

3) In June 2010 end, my UK assignment ended so went back to India...Visa was still valid until Nov 2010 when I left UK.
4) Again came back to UK for same company on NEW Tier2 VISA Entry stamp - Tier 2(ICT) In Oct 2010 (within 90 days) but visa issued post apr 2010 rules. Got paid in INDIAN salary for those 90 days while I was in India. Old visa was valid until nov 2010 but travelled on this new one. So wasnt working in uk from july 2010 to oct 2010



My question is as follow

You may notice in Point 3 and 4 above that I was away from UK where my assignment ended and there was break in UK assignment and again came back to UK in Oct 2010 on new entry stamp. Would that be a problem in applying for my ILR this June 2014 because of break in employment or entring uk on new entry stamp n visa as per apr 2010 rules

Hello Amber, pls help ...havent got my answer. i hav highlighted main parts for my query above. Kindly advise


Thanks to layman for his advise

[Apam]

Hi,
You can see that we keep going round in circles on your issue! This forum is based on peoples experiences and interpretation of the immigration rules as best as we can.
Your experience or case is not a common occurance ie blue highlighted points. As said by the commemt before this, we can't tell whether oct 10 and new ict visa nov 10 will be seen as a break in continuity of employment or no!!!!
As has been said soooo many times, take your chance and apply for ilr. Then when you share your experience, someone else can then benefit from it.
If you are in doubt despite all the advice given by good members of this forum, speak to a solicitor!!! They are likely to give you a definitive answer.
Hope this helps.

[vishpb35]

Hi,

As has been said soooo many times, take your chance and apply for ilr. Then when you share your experience, someone else can then benefit from it.
If you are in doubt despite all the advice given by good members of this forum, speak to a solicitor!!! They are likely to give you a definitive answer.
Hope this helps.

Thanks for your reply Apam, however my question was not directed at you. I am not disregarding (not to offend anyone) your answer, but its just that I was asking for some more senior/expert (likes of Amber/Vinny/sushdmehta) answer on this. Hope this helps !

[varky]

Hi vishpb35, was your case successful? Pls share your experience. Mine is similar case to yours