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You do qualify for ILR in July 2011.Does my initial workpermit year count towards ILR? I am not planning to spend more than 450 days out of UK but worry is the 2 months (paid) employment in India, followed by 2 and half months of break. (This totals to around 135 days). However, I was always on a valid visa with no breaks and initial 2 months were part of business.
I don't agree. Please read the original post again. The individual was on work permit and out of UK on work which means legally in the system. When one switches to HSMP, clock only resets if you are out of the country and not on any valid visa.when u switched to HSMP you were in india so might have taken entry clearance again on HSMP if thats the case that will reset your clock .
I don't think that your initial period will count towards to ILR. Because your absence exceeded more than 90 days. Forget about your employment and switched over to another visa, If you would have returned to UK within 90 days you would had no gap on your residency.YesNoYes wrote:Hello Gurus,
I have a query regarding the eligibility for ILR.
History -
July 2006 - July 2007 (Work Permit, location - UK)
July-2007 - July 2008 (Work Permit extended, sent to India for 2 months, August 2007, Sept 2007 (paid in India))
Moved to HSMP (2 years) in Mid-Sept, 2007, Returned to UK 22, Dec, 2007 (break of 2 and half months)
Extension to Tier 1 completed in 2009, FLR granted till Sept 2012. (straight case, always employed once on HSMP, points fine)
My question
Does my initial workpermit year count towards ILR? I am not planning to spend more than 450 days out of UK but worry is the 2 months (paid) employment in India, followed by 2 and half months of break. (This totals to around 135 days). However, I was always on a valid visa with no breaks and initial 2 months were part of business.
Am I eligible by 5 years clause, in July 2011?
Please seniors, let me now what you think?
Maybe your WP was a ICT. This would explain why you were paid in India.YesNoYes wrote: Here, If I get a letter from previous employer stating that Aug,Sept was business then that leaves me with only Oct,Nov,Mid-Dec < 90 days. As I understand, Business leaves are not considered under Absence. And from all I read in various forums, letter from employer is the proof needed to certify business.
Now. You got me wrong on this.I don't agree. Please read the original post again. The individual was on work permit and out of UK on work which means legally in the system. When one switches to HSMP, clock only resets if you are out of the country and not on any valid visa.
Here is the link for 90/180 days ruleYesNoYes wrote:Thanks for feedback.
However, the more I read about this rule, I see more opinions on its interpretation.
Here, If I get a letter from previous employer stating that Aug,Sept was business then that leaves me with only Oct,Nov,Mid-Dec < 90 days. As I understand, Business leaves are not considered under Absence. And from all I read in various forums, letter from employer is the proof needed to certify business.
Yes, I do have valid P60s for all years, just in case they make some difference here.
Also, Is there a link to 180/90 days rule for ILR.?
Some posts on various forums suggests this is a grey area and mostly depends on case worker's interpretation of 'continuous stay in UK'. Few members suggest that 200 days is taken as benchmark OR all depends on if you could prove that you were actually on valid visas and active in UK.
Please guide.