Post
by ukuserilr » Wed Feb 03, 2016 2:45 pm
(Simplifying my previous query and putting it more clearly to understand just in case).
Hi All,
I am planning to apply for ILR soon if I am really eligible in Feb 2016 itself and that's where I request your response to clarify me some of my queries / questions (Q0 + Q1 + Q2 below).
Here is the overall picture -
=============== Absences in 5 Yrs Period for ILR ===========================
20 Feb 2016 to 21 Feb 2015 - 0 days
20 Feb 2015 to 21 Feb 2014 - 17 days (have got the letter from employer)
20 Feb 2014 to 21 Feb 2013 - 22 days (have got the letter from employer)
20 Feb 2013 to 21 Feb 2012 - 5 days (on business trip - have got the letter from employer)
20 Feb 2012 to 21 Feb 2011 - 130 days (NO LETTER from EMPLOYER - entered UK in Jun 2011 on T1 (G)) - taking 130 days (less than 180 days for ILR) out of total absence of 285 days (total absence of 285 days in between Sept 2010 to Jun 2011) - Q0 + Q1 + Q2 below.
=======================================================================
Period before 5 Years & Few Key Points -
20 Feb 2011 to Mar 2010 - 155 days (Left UK in Sept 2010 on T1 (G)) - 155 out of 285 days (total absences of 285 days in between Sept 2010 to Jun 2011) - Q0 + Q1 + Q2 below.
- Entered UK in Apr 2010 on Tier 2 (ICT) (approved in Mar 2010 from 6th April 2010 rules in place) from India through one of the Indian employer.
- While in UK, I applied and got T1 (G) in Jul 2010 (after 19th Jul 2010 rules in place). My employer told me to return to India in Sept 2010 after finishing the assignment perhaps, he was or was not aware of the fact that I have changed my visa status from T2 ICT to T1 G.
- After going back to India, I continued to work with same employer in India. I resigned and left the employer in Jun 2011 and within 10 days after leaving the employer in India, I came over to UK in Jun 2011 itself. I was already active in searching for the job from India here in UK. I found one after coming here and started working in Aug 2011. Since then, I am working here in UK.
I have been in UK continuously since June 2011 and took two more extensions on T1 (G). My current visa is valid till July 2017.
Questions/Queries -
Q0 - 285 days - does it break the continuity for 180 days even if I split and consider the second half (130 days) for my ILR 5 Yrs period? or does the clock reset from Jun 2011 itself?
Q1 - Between Sept 2010 and June 2011, I was out of UK for about 285 days (more than 9 months). Can I consider less than 180 days (out of 285 days) lets say 130 days as mentioned above and be eligible for ILR application in Feb 2016 or do I really need to wait till June 2016?
Q2 - If I consider less than 180 days, lets say 130 days as mentioned above, would I be required to provide any letter of absence from employer and reason (what it should be based on above) as well?
Please respond me and I will be thankful to you.
Thanks.
Last edited by
ukuserilr on Wed Feb 03, 2016 2:58 pm, edited 1 time in total.