Eligible for ILR?? Please help

[vinaybegitam]

Dear Experts,
Please help me. I am desperate to apply for ILR in May,2014.I have been in UK since 2008 April.

But I was in India without visa for 184 days (between oct 2009 and Sep, 2010). WIll this be a problem for ILR even if I show serious compelling or comapssianate reasons for the long gap.

My route for ILR is :
WP (issued on 10/Jan/2008 valid until 10/Jan/2010)---> return to india on Oct 2009. BREAK for 11months (Out of which 184 days, i was without visa) ---> Tier 2 ICT (issued on 13-Jul,2010) --> Tier 2 General (issued 19-May-2011) valid until Jul 2015


Thanks in advance.

[argus7]

You will be eligible only after July 2015 as per your post as you were away for 11 months and without visa broken continuity. I suggest reading the policy document that explains reasons of leave allowed and do as appropriate.

11 months compassionate leave may or may not be excepted, But there is no one here on the forum who will be able to comment.

Thanks,

[vinaybegitam]

Hi Argus,

Thank you for the response. Much appreciated.
Are you saying, I am eligible for ILR next year, 2015?.

Does my Tier 2 ICT period count towards ILR?

Thanks..

[pdss]

Yes you tier2 period will be counted

[vinaybegitam]

Argus,

Sorry I needed a clarification here. My ICT was issued after 6th April 2010 rules. Does my Tier 2 ICT period still count, with the below statement...

"A Tier 2 (General) can amalgamate time spent in the UK as a Tier 2 (ICT) and Tier 2 (General) towards the required 5 year period only if he entered as a Tier 2 (ICT) before 6 April 2010"

Thanks.

[vinaybegitam]

Yes you tier2 period will be counted

Hi Pdss,

Are you sure on this, please? My ICT was issued after 6th April 2010 rules. Does my Tier 2 ICT period still count, keeping in mind the below statement...

"A Tier 2 (General) can amalgamate time spent in the UK as a Tier 2 (ICT) and Tier 2 (General) towards the required 5 year period only if he entered as a Tier 2 (ICT) before 6 April 2010"

Thanks