Total Absence 335 Days - No Year With More Than 180 Days

[gladiator2012]

I have read several threads in this highly informative forum; however it is still unclear to me on how the new ILR rules effective 13th Dec 2012 is being used. Some light on that will be really useful. Here is my case:

I entered the UK for the first time in March 2006 on a work permit. Stayed until end of July 2008 and returned to India due to project reasons (for which I have a letter from my employer). This made a total stay of 2 years and 4.5 months in my first entry.

Once I moved to India, my payroll changed to India from the UK. I still had a valid work permit until March 2009. During this time period in India, I applied for Tier-1 and obtained it in Oct 2008 with validity from Oct 2008 to Oct 2011. I did this to work with a direct UK employer of my choice. I then left my current company in Jan 2009 to join this new one in India for their UK operations. However, my travel to the UK got delayed until early May 2009 due to business reasons (for which I have a letter from the new employer).

This makes my absence from the UK for a period of 9 full months. During this time, I was fully employed but my payroll was in India. I then entered the UK in May 2009 and have been here since then. I renewed my Tier-1 in Oct 2011 and now it is valid until Oct 2013. That sums up my history of key events.

I applied for ILR in March 2012 and had a refusal in July 2012 since I had an absence of 9 months at a stretch (that was the reason stated in my rejection letter). Not sure if this will have any implications if I apply again now.

Following is my case for ILR now as per the new rules effective 13th Dec 2012 (using the new rule for calculating continuous stay) I have my absences below (assuming 16th Jan 2013 as my application date):

Year 5 - 21 Days
Year 4 - 10 Days
Year 3 - 15 Days
Year 2 - 112 Days
Year 1 - 177 Days

Following are my questions:

1. Will I be eligible for ILR assuming nowhere else I have a problem?
2. Will I need letter for my Year 1 or 2 absences from employer?
3. If eligible, will same day premium appointment work for me?

It will be really helpful if any seniors can reply to my above queries. As for me, if I am eligible, the window I have is only between 14th - 18th Jan 2013 to send a valid application. Kindly let me know. Looking forward to hearing from this wonderful form.

[pkumar]

I think the relaxation of rule is for people who are "based" in UK and then go for long work related to other country but not other way round .... but again there is a grey area ... specially for Tier 2 they want letter for leave ... moving to india is something tricky with no ties to UK .... not sure if anyone has got success till date ... but i think we will have stories related to this in few months time which will give you more info ... coz as of now rules are unclear and how it's been interpreted by case worker ... i will let senior member give more insight .. this is just my view point.