ILR Opinions required

[sujyo]

First workp[ermit received on Aug 2008.

Converted to Tier 1 General on 7th October 2009

Went India in March 2010 to Feb 2012

Tier 1 extended in Sept to 7th OCt 2012

In Aug 2013 I complete 60 months after my visa is granted. For my absence in UK which is almost 2 years in between I have a letter from the Organisation which states I was out due to the nature of the project and had to work on diff assignment and now I am again deputed back to Uk in 2012.

Will this letter help me to apply for PR in Aug 2013.


Can anyone pl give the expert opinion.

[geriatrix]

Did you have any economic (and family ties) with the UK during this "long" absence? If yes, please spell them out.
Can you get a letter from your UK employer to state that you were the only appropriate candidate in the organisation to do the job(s) that you did during this period?

[sujyo]

Thanks for your prompt reply. I dont have any family ties in UK. I am the first in the family to be in UK.

My letter says

This is to confirm that mr xxx is employed as full time and permeneant employee..
He is in employment since xxxxxxxas xxxxx

He is seconded to UK on Project assignment with xxxxsince aug 2008. Dut to the nature of Project work Mrxxx had to come offshore (India) on 2nd March 2010. Since he is required back on the project in UK he is again deputed back withe effect from 5th feb 2012.


Mr xxx india sal before deductions for tax(gross earnings) and after deduction of tax (net earnings) for the period apr 2011 - Jan 2012 is as depicted in the table belwo

His perment add in India is .....

shoud u need any information regarding his employment with us pl contact


xxxx
HR

The above letter is on company letter head dated 9 sept 2012

Will this letter help e.

[sujyo]

I can modify teh aove letter to some extent if you please let me know what needs to be included.

[geriatrix]

Okay, what about economic ties (e.g. - salary)? I assume no here too, but correct me if I am wrong.
No - because it doesn't address "why you?" (amongst other things).

[sujyo]

Salary was Indian salary in India. No UK salary during this period but i had a good bank balance in UK.

The employer was the same and I am deputed back now to UK.

Why only me because of my expertise in handling big programs ..

[sujyo]

Can I modify the sentence saying due to the nature of the project work and his area of expertise in the area of Delivery assurance Mrxx had to come offshore....

[geriatrix]

IMHO, it is highly unlikely that the application will be approved unless you can present compelling evidences to support your case, given the circumstances (no economic and family ties with UK during the period in question).

In case you wish to apply, make sure you get a letter from your employer to justify (in sufficient detail) that you were the only suitable candidate in the organisation to undertake the work that the employer sent you to India to do.

[sujyo]

Yes I am plaaning to give it a try ...Do you know any strong lawyer who can fight the case?

Is letter from MP receommonded and will it help me.

[geriatrix]

I don't know of any lawyer, leave alone a strong one.

My suggestion would be that you seek professional opinion from more than one place. Will help you get a realistic idea about the possibility / impossibility.

It all depends on the content of any supporting documentation that you wish to provide. So commenting one way or the other without knowing what an MP can or will write to support your application isn't possible.

[crowbar6]

You need to build your case as per earlier suggestions...

maybe if the employer can testify that you were on the same 'project work' throughout the period and had to go to India otherwise the project would have failed, etc., and then you've arrived back to UK after finishing the activity... this may fly.

Otherwise, it may look like a case of the employer sending you on secondment to UK the first time, then you go back to parent company in India on completion of the project, and then again on secondment to UK on another piece of work...

Even lawyers and MPs will need facts to fight on your behalf so supply as much ammo as possible.

[wpilr_nov12]

Unlike in some other countries, British MP are not too eager to ask the rules to be bent to suit individual needs. So I would not go that route.

[sujyo]

Thanks for the different opinions. This just helps me to get the letter in much detail now.

Do let me know in case you get some different thoughts.

[geriatrix]

The biggest issue here, IMHO, is "no" economic ties with UK during the almost 2 years long absence. Had your organisation paid you in UK (even if only a part of your remuneration), continuous residence and intention to return / resume residence would have been much easier to prove.