Query on If my Visa Status would be Valid for ILR

[glrrajesh]

Hi,

I had been on UK Work Permit taken by my company from 1st July 2007 to 1st July 2009. Subsequently i got it renewed when i was in Uk, My permit now has a validity period from 1st july 2009 to 1st July 2011.

now, unfortunately i had to return back to india in the month of April 2011 & my Visa is getting expired on 1st july 2011. Now my company is ready to take a UK WP from India only, but they told me that the Original WP cannot be renewed & it has to be a New one.

Incase i apply for a New WP in India, would that affect my ILR when i complete 5 yrs, because i was not in the Same WP & taken a new WP from INDIA. Please clarify. Thanks

[rajesh_kumar01]

Hi,

I had been on UK Work Permit taken by my company from 1st July 2007 to 1st July 2009. Subsequently i got it renewed when i was in Uk, My permit now has a validity period from 1st july 2009 to 1st July 2011.

now, unfortunately i had to return back to india in the month of April 2011 & my Visa is getting expired on 1st july 2011. Now my company is ready to take a UK WP from India only, but they told me that the Original WP cannot be renewed & it has to be a New one.

Incase i apply for a New WP in India, would that affect my ILR when i complete 5 yrs, because i was not in the Same WP & taken a new WP from INDIA. Please clarify. Thanks

Your counter will reset. Under new rules, new WP holder will not have choice to settle in UK .. Please correct me if I am wrong.

[arsenal49]

what rules you speak of?

under CURRENT rules 5 years on wp / tier 2 = ILR

[Aryan2013]

Incase i apply for a New WP in India, would that affect my ILR when i complete 5 yrs, because i was not in the Same WP & taken a new WP from INDIA. Please clarify. Thanks

I don't think you will be allowed to settle unless you fall into any TA provided by UKBA.

[geriatrix]

OP, can your company not agree that you travel to UK on your existing leave before it expires and let you apply for leave to remain (extension) from within UK? Easier for company too - arranging for an unrestricted CoS (for in-country leave to remain application) is easier than arranging for restricted CoS (for entry clearance applications)!

Was your WP and current Tier 2 leave under ICT? Will the new entry clearance be under ICT too? If so, then a new entry clearance will most likely make sure that you are not eligible for settlement - unless you can arrange convincing documentary evidence(s) from your employer to show that your absence from UK (from April 2011 till ....) was purely work related, due to temporary overseas assignment and mandated by the employer.