Tier 2 ICT to ILR with absences

[varky]

Hi All,

I’m currently on Tier 2 ICT visa and planning to apply for ILR. I came to UK in Nov-2009 under Tier 2 Intra company transfer visa and planning to apply for ILR in March-2015. My case is a bit complicated due to the below reasons –

1. Absence of more than 180 days – During the period from Jan 2010 to July 2010, I had a break of around 192 days. I had gone back to India during this time. After having read many threads on this topic, I believe this shouldn’t be a problem for me since if I time the application correctly in Mar-2015, the 192 days get split into two and hence avoid having more than 180 days in a single 12 month period.

2. 2nd complication – For the above mentioned absence, I was working in India for the same company under India Payroll (I was not paid salary in UK). Would this be a problem and has it broken continuity? On reading threads related to this topic, I’m getting mixed responses. Some have mentioned that the continuity is broken since I’ve taken employment outside UK. Others say that this isn’t a problem since it is for the same company and it is an intra company transfer. Could someone please shed some light on this?

3. 3rd complication – After this long absence, when I came back to UK in July 2010 – I had to come on a new entry clearance visa. My earlier visa issued in Nov-2009 was still valid; however the company immigration team had wanted me to come on a fresh visa (Tier 2 ICT). The visa issued in Nov-2009 was for 2 years and it was still valid when i left UK and also during the absence period. As per the rules at that time, it wasn’t possible to come back to UK on the same visa because payroll transfer had happened. Because I had a second entry clearance in July-2010, have I broken the continuity here?

I would be really grateful if someone can share their views on my case. Do i need to apply through a solicitor due to above complications? Or can i just give it a shot? I know that solicitors charge a fortune, but i'm willing to pay for that if going through a solicitor will improve my chances.

Thanks & Regards,
Varky