Can I apply for ILR? Currently on Tier 2 ICT Long term visa.

[gg1985]

Hi,

Below is my visa status and wanted to check if anyone has any pointers or knowledge to confirm if I am eligible for ILR application.

1. I came to UK in Sep 2007 under work permit category.
2. In Sep 2009 before my visa was expiring it was extended for 2 years as Tier2.
3. Again before Sep 2011 when my Tier2 visa was expiring my visa was extended for 2 more years as Tier2 ICT Long Term.

Note: There as been no gap in my visa application at any point and it has always been an extension on the previous visa category.

Am I applicable to apply for ILR since I have completed 5 years now since Sep 2007(my first entry into UK)? - Reason for my question is that I read somewhere that Teir ICT post april 2011 cannot apply for ILR.

Please advise.

[gg1985]

If this helps the moderators or any senior person with information to my above query:

I have gone through the immigration rules and I see that section 245GD is applicable to me. But what confuses me is: point (b)(i)(1) and (b)(i)(2) of 245GD.

As per point (b)(i)(1) - it seems I am applicable to apply
As per point (b)(i)(2) - it seems I am not applicable to apply.

Can someone please shed some light and put me out of this confusion/misery.

A reply would be much appreciated.

[manci]

You are eligible to apply. See Imigration Rule 245GF(c) and (d)

[gg1985]

Thanks for pointing me to the right direction manaci. Much appreciated your quick response.

I have one final question and want to know your thoughts if you are aware about this area of the immigration rules.

To my knowledge and study, recently as part of Dec 13 changes it seems there has been a relaxation made on the 90 day out of UK rule. Is this correct?

I have gone through the below document published by UKBA as guideliance to calculate continous period and have not found any refernce to the 90 day rule after Dec 13 publication.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I basically have following gaps in between (considering year 1 as the most recent year and I make my application on 15th Feb 2013):

Year 1 - 15-Feb-13 to 14-Feb-12 - 0 days
Year 2 - 15-Feb-12 to 14-Feb-11 - 99 days
Year 3 - 15-Feb-11 to 14-Feb-10 - 32 days
Year 4 - 15-Feb-10 to 14-Feb-09 - 79 days
Year 5 - 15-Feb-09 to 14-Feb-08 - 45 days

I am worried about the Year 2 Gap as it is more than 99 days and also my year 4 and year 5 gap was during a continous period of 124 days but because of my application date it comes to 79 and 45 days in each year.

Would this be a problem for my application?

[manci]

The 90 day rule has become a 180 day rule - see page 10 of document you provided the link for.

[gg1985]

Thank you very much. I will post my experience once I apply for ILR and what my result is.

[gg1985]

So, I went for my ILR application yesterday to Cardiff PEO.

My application has been approved as per the new rules of 180 days. The case worker did mention to me that he had to consult a senior case worker to confirm the rule to approve my application as I had been away for 100 days and 120 days (and as per pre dec 2012 rules my application would have been denied).

[b]A quick question for the Guru's (manci):[/b]
Does it ever happen that they approve an application but then they change their decision before sending the BRP?

[Ishwarch]

@gg1985
During your days outside UK, have you got paid in UK or in India? if in India, what supporting docs you carried for your days outside UK.

I also have 145 days in 1 go and total 220 day in 5 years.

[Gagan1986]

So, I went for my ILR application yesterday to Cardiff PEO.

My application has been approved as per the new rules of 180 days. The case worker did mention to me that he had to consult a senior case worker to confirm the rule to approve my application as I had been away for 100 days and 120 days (and as per pre dec 2012 rules my application would have been denied).

A quick question for the Guru's (manci):
Does it ever happen that they approve an application but then they change their decision before sending the BRP?

No they don't change their decision after approval letter is given on the day at PEO

[gg1985]

[quote="Ishwarch"]@gg1985
During your days outside UK, have you got paid in UK or in India? if in India, what supporting docs you carried for your days outside UK.

I also have 145 days in 1 go and total 220 day in 5 years.[/quote]

I got paid in India as my assignment was over.
I got a letter from my employer stating I am on Tier 2 ICT and I had to go back to renew my deputation contract and I was working for the same project for the customer from India in the same role capacity.