A strong case for getting ILR even with BIG gap?

[sreepada]

Hi,

I sincerely apologies if my questions are a repition (i think they are not), please direct me to any similar messages raised by others earlier if it is a repition.

I have been in UK for 5 year but with a gap in between. I took a decision not to apply for ILR as i was not hoping to get through and was of the opinion that the application would be rejected. But on speaking to few solicitors I get the option that mine is a strong case even though there is a big gap and i am being told I should apply and there is 80% chance of getting it ILR aproved if I apply through them (not sure if t right, or it is just thier sales pitch) . But can anyone help to make this decision as I am skeptical please

Details:
I am in the UK from Apr 2006 working on a intra company Tier - 2 visa. I went back to India in May 2007 and was working from India for the same project and same company. I was being paid a salary only in India and not in UK (The same company has its branch i india too). I came back in Mar 2008 and am here since them. Please note for all the 5 year, I had valid Visa and never let it expire before renewal.

Even when i was in india [from June 07 till Feb 08] the visa status was still good. And I renewed it again before travelling and was never without a valid visa.

I am told by a few solicitors that as I was working for the same company and same project and then travelled to india and have come back to work again for the same company and project, mine is a strong case and there is 80% chance for getting it approved. The reason mentioned was that, "As i did not have control over the travel, and was working for the same employer for the past 5 year , both IN and out of UK it is a strong case to try". i am told because i am still with the same employer as on date , it is an additional benifit.

can any one please add on please your opinion please

One more point is my TIer 2 intra company visa is due to expire in Apr '11 and I need to extend again. I am told to apply for ILR before extension as any Tier 2 visas that are extended after Apr '10 would lose eligibility to ILR. Is that right or does this clause apply only for new Tier 2 visa and not for extensions

Thanks and Regards
Venkat

[satsri]

Recently, one of my freind has got ILR with 7 months gap (same project,same company etc..). he booked a premium appointment however, the decision was made after 30 days not on the same day...

btw, he filed his application thru a solicitor.

[sreepada]

Thanks for the reply. Thats encouraging. But I was told earlier (but not in the recent year) there were cases where the ILR was approved even when the gap was one year but now they have become more stringent now.

Would you mind letting know how long back was your friend approved with ILR. And was he not paid in UK during to 7 months gap. If that is the case then I think my case might be similar and will look out to apply through a solicitor.

Thanks for the reply again

[satsri]

He went to offshore and working on same project for 7 months. he was receiving Indian salary during this period. Also, his workpermit was never expired and continued on same WP on his return…

He applied 4 months back.

[sreepada]

Thats really helpful. Thanks a lot for the information.