Out of the Country for 10 months during this 5 Year

[ksanjeevmenon]

Hello -

Can someone please help me in the below query?
I am holding my Tier 2 Intra company transfer visa starting from March 2010 and came here on March 28th 2010
I was out for a business requirement and working in India between October 2011 to September 2012 and staying here till date. I was holding a valid visa when i am working outside this country and my visa is a continous and not broken anywhere. I travelled back with the same visa to UK and done my anotehr entension here. Apart from these above mentioned dates i didnt stay out of this country.

How can apply for my ILR now, how can i solve this break?

Many thanks
Sanjeev Menon

[kevb2014]

I believe that you'll be fine if you can get an official letter from your employer to confirm this.

[Bukkysuccess]

I think you will be fine if your company can confirm that you were working for them when abroad and most importantly if you have proofs to show that you were paying your taxes for all the periods you were away. That will show that you were earning from the UK and paying you taxes even though you were working from abroad. I believe your taxes would represent you as good as when you are here physically.

[vinny]

You may have to split up your dates so that you don't break the continuous period requirements.

[Frontier Mole]

Your sponsor might not be fine.... they should have reported your return to India.... so your ILR claim will start an investigation into the reasons why this was not done. Just a heads up for your Sponsor.

[chetan0229]

Hi

Success of your application depends on two things.

1) Between Oct 2011 and sep 2012, have you paid UK taxes and filed P60 form i.e. as long as you furnish full details of your tax payments for 5 years, your application should be fine (try to get employment history details from HMRC)

2) As one another member suggested, you may have to get a letter from your employer explaining the reason for your absence though your CoS and Visa was valid.

3) With due respect to our diamond member 'Frontier role', I may have to disagree that this ILR claim will start investigation on sponsor.

[moonlight55]

With the increased scrutiny on Tier 2 applications, I'd not be surprised if the sponsor gets questioned. Apart from taxes & P60, its also important where he was paid his salary during those 10 months. In UK or in India? That might a point to consider for UKVI.