ILR for Tier 2 ICT

[munavar_m74]

Hi All,

I need advice from the experts on the Application Date ..

I came first time to UK with Tier -2 ICT in September, 2009 and due to personal reasons I went back to India in Aug, 2010. I made a short visit to UK in January, 2011 for 6 weeks. I came in October,2011 again and I am in UK since that time.

I've got extended my visa in 2012, 2014 and due in 2016 again.

As per the guidelines in the document by ILR Guidence, one can go out of country upto 180 days in year-5,4,3 and 2. With this I am planning to go for the ILR in June which satisfies < 180 days in year-5. My confusion is I was not in the country in June month. Am I eligible to go to ILR in June or Should I wait until October,2016.

For Reference the Guidelines :

180 whole days absence
No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods.

Please let me know your views on this .

Thanks/MMB

[secret.simon]

The rule that you must be physically present in the UK five years before the date of application applies to citizenship applications, not to applications for leave to remain.

Provided all the five years have less than 180 days absence, you will be fine with applying in June 2016.

[munavar_m74]

Thanks Simon !!

[ukuserilr]

Hi Simon,

I have similar case like this. In brief, I came to UK on Tier 2 (ICT) in April 2010 (before 6th Apr 2010 rules) and filed for Tier 1 (Gen) in July (after 19th July 2010 rules). I went out of UK at the end of assignment in Sept 2010 (started in Apr 2010). I continued to work in India and came back in June 2011 (after 285 days) after leaving the employer in India. I found the job in 1-2 months after coming here in June'2011 and since then I am working here.

Now, my question is do I really need till June'2016 to file for ILR application or can I apply for ILR now in Feb'16 (taking into consideration approx. 130 days (<180 days) out of 285 days)? and would I need to give any absence letter (with any reason?)?

Thanks.

[Dharunesh]

You can apply ILR in the month of Feb itself as you were going to show you were outside less than 180 days in a year.