ILR Eligibility Query

[kkumar75]

Hi,

I got Tier 2 (ICT) Established Staff visa stamped on 30/12/2010 and came to UK on 13/01/2011. I was on this visa till Dec/2013.
I switched (in country) to Tier 2 General visa on 17/12/2013 and am currently on this visa.
So, I have spent around 3 years on Tier 2 ICT - Established staff visa and 1 year on Tier - 2 General visa.

Could someone tell me when can I apply for ILR?
will the 3 year period spent on Tier - 2 ICT visa be counted towards the 5 year requirement for ILR?

Thanks,
Kumar

[genorp]

The guidance towards five years https://www.gov.uk/government/uploads/s ... eriods.pdf specifically says only ICT visas under the pre-10 April 2010 rules count towards the five year qualifying period. So your qualifying period for ILR didn't start 17/12/2013.

[kkumar75]

Thanks genorp.
But by any chance is there any exception or clause which I can make use of?

Thanks,
Kaushal

[genorp]

None that I know of. That visa category was specifically changed and the change took effect 8 months before you entered. In an ever tightening immigration system, exceptions become more and more non-existent.

[vinnydpu]

Hi All,

Looking at your response I have a query in my mind with regards to the gap I have during my Tier 1 tenure from 01-Jan-2011 to 16-Aug-2011.

Background:

I came on ICT2 (Inter Company Tier 2 Visa) Stamped in Dec 2009 & came to London on 17th Jan 2010.
I was in the UK from 17th Jan 2010 to 31st Dec 2010 with following holidays:

From To
02-Jul-2010 06-Jul-2010 05 Days Paris Holiday
23-Oct-2010 20-Nov-2010 29 Days India Holiday

I applied for Tier 1 visa under General Category on 16th July 2010 (before 19th July 2010) & got a visa valid from 23-Aug-2010 (until 23-Aug-2012 for 2 years).

I traveled back to India for following reasons on 31st Dec 2010 (night):

1. Child Birth (Was due in 1st week of March 2011).
2. Transfer from Indian company to UK company (head office) as a permanent member of staff.

Transfer was initiated after the baby birth & the HR process took unexpectedly very long. I landed back in UK (London) finally on 17-Aug-2011 & started working here.

Got my extension done on 26th July 2012 for another 3 years valid until 23-Aug-2015 (2+3 years rule).

since then my leave have been very less as below:

29-Feb-2012 20-Mar-2012 21 Days India Holiday
20-Oct-2012 28-Oct-2012 8 Days India Holiday
17-Dec-2013 9-Jan-2014 22 Days India Holiday

I wish to apply for ILR on 14th March 2015 under the following breakup of years (with absentee days as indicated below):

1 15-Mar-2015 16-Mar-2014 -
2 15-Mar-2014 16-Mar-2013 30 Days
3 15-Mar-2013 16-Mar-2012 16 Days
4 15-Mar-2012 16-Mar-2011 166 Days
5 15-Mar-2011 16-Mar-2010 110 Days

Please note that my absence during the following period i.e.

4 15-Mar-2012 16-Mar-2011 166 Days
5 15-Mar-2011 16-Mar-2010 110 Days

was when I had Tier 1 Gen Visa & not ICT T2 visa.

Do I still need to produce a letter to explain my absence ?

My question is:

1. Am I eligible to apply for ILR considering the above absentee days ?

2. Do i need to provide the reason for my days of absense as I went back and started working with India (to be transferred at a later date). If yes what is required.

3. I will need SET (O) form for application if I am eligible for ILR right ?

I would greatly appreciate a response on the above questions as I am planning to go for a PEO application in March.

Thanks,
Vinny