Tier 2 ICT to Permanent Residence

[gaurav_sngl]

Hi, My case is little complex.

I came to UK on 24th Nov 2009 on Tier 2 ICT.Went back to India for some official work in July 2010.
Came back again on 14th August 2011 and have been in UK since then.
I had a continuos Tier 2 ICT visa all this while from Nov 2009 and valid till july 2015.

I want to check couple of things-

1.Am i eligible to convert my Tier 2 ICT to Permanent settlement, since i had continuous visa from 2009 much before the new rule where Tier 2 ICT is not eligible for PR.
2. I have a gap of 1 year out of UK, but had valid UK visa. If my company gives me document proving i was out of UK for work, can i apply for PR in Nov 2014 when i am completing 5 years?
3. If second case is not applicable, will i be eligible for PR in August 2016 when i complete 5 years continuously.

Thanks for help
Gaurav

[susan0x]

Gaurav, Please check your continuity first from the date of ILR application.
For the continuity, you should not be out of UK for more than 180 days in 12 consecutive months

Just so you know, 180 days rules is per 12 calendar months from the date of application

Example: Applying for ILR date 11 November 2014
Year 1 11 November 2014 to 12 November 2013- out of uk days should not be >180 days
Year 2 11 November 2013 to 12 November 2012- out of uk days should not be >180 days
Year 3 11 November 2012 to 12 November 2011- out of uk days should not be >180 days
Year 4 11 November 2011 to 12 November 2010- out of uk days should not be >180 days
Year 5 11 November 2010 to 12 November 2009- out of uk days should not be >180 days.

[gaurav_sngl]

Thanks a lot. Thats very useful information.

I was out of UK for more than 180 days in 2011, for 7 months to be precise. I have 2 questions, if you can help-

1. Considering i was out of UK for more than 180 days for only one of the 5 years, If my company provides a reason document stating i was out for work. Do i stand i chance for ILR in Nov 2014?

2. Since i had continuous VISA from Nov 2009, but only had continuity from August 2011. Will my cycle for ILR start from August 2011 and i will be eligible for ILR in Aug 2016. Despite i had a Tier 2 ICT but its continuous since 2009.

Regards
Gaurav

[susan0x]

Thanks a lot. Thats very useful information.

I was out of UK for more than 180 days in 2011, for 7 months to be precise. I have 2 questions, if you can help-

1. Considering i was out of UK for more than 180 days for only one of the 5 years, If my company provides a reason document stating i was out for work. Do i stand i chance for ILR in Nov 2014?

There are some exceptions....... if you see the following case, it is possible but still there is risk

http://www.immigrationboards.com/indefi ... ml#p934694

2. Since i had continuous VISA from Nov 2009, but only had continuity from August 2011. Will my cycle for ILR start from August 2011 and i will be eligible for ILR in Aug 2016. Despite i had a Tier 2 ICT but its continuous since 2009.

Yes, Since you were out of UK for more than 180 days in 12 consucutive months which breaks your continuty. hence you start your cycle from Aug 2011


Regards
Gaurav

[gaurav_sngl]

Thanks a lot. Just last question.

Since i am on a Tier 2 ICT which is no more eligible for ILR. Considering my case, do you think i will be eligible for ILR since my visa is continuos before 2010?

Regards
Gaurav

[FaeLLe]

As per new Home Office guidelines staying outside the country for work related purposes is no longer considered as a valid reason for breaking residence period.

Source: https://www.gov.uk/government/uploads/s ... eriods.pdf