ILR Gap in 5 years

[globalindian]

Hi,

I would like to discuss my situation and I am looking for advice from the forum experts on the ILR. I am working for a India based company and is deputed in UK under Work Permit followed by Tier 2 ICT under extension.
I have been in UK for past 5 years (almost) and planning to apply for ILR. However my main concern is the gap during which I had to stay in offshore.

Gap:
Total duration of stay: 5 years (from 2008 till 2013)
First Gap: 5 months in 2009
Second Gap: 5 months in 2011

I was not paid in UK but I was working in offshore since I was based out of India. As per the rule which came in 13th Dec 2012 can you please advise if I have any chance of getting the ILR approved? Is there any special documents which I need to arrange for this purpose?
Thanks in advance.

[wpilr_nov12]

1. It would help if you provided actual dates.

[globalindian]

1. It would help if you provided actual dates.

The actual dates are as follows:
First trip :21-April-2008 till 7-Jan-2009 in UK
Second Trip: 31-May-2009 till 16-May-2011 in UK
Third Trip: 15-Oct-2011 till date in UK

Gap between first and second trip is (Approx 145 days)
Gap between second and third trip is (Approx 151 days)
Total period of days gap is 296 days.

Your advise will be most helpful.

[wpilr_nov12]

And visa dates too- issue, uk entry, extension, expiry etc.

[globalindian]

And visa dates too- issue, uk entry, extension, expiry etc.

Visa details:
Work Permit: 24-Feb-2008 till 24-Feb-2010
Extenstion: 30-Nov-2009 till 10-Mar-2011
Extension: 2-Apr-2011 till 15-Mar-2013

Hope this helps.

[wpilr_nov12]

Please read page 13 of Set O form (version 12/2012) for further instruction.

Basically you need employer letter stating the absence, with reason etc.

Not sure how you being not paid in UK during those periods will play out.

[globalindian]

Please read page 13 of Set O form (version 12/2012) for further instruction.

Basically you need employer letter stating the absence, with reason etc.

Not sure how you being not paid in UK during those periods will play out.

Thanks.

I was not paid in UK because I am not a UK employee and I am a India based employee who is deputed in UK.
During the gap I was paid in India in INR and I didn't get UK salary.

[wpilr_nov12]

Thanks.

I was not paid in UK because I am not a UK employee and I am a India based employee who is deputed in UK.
During the gap I was paid in India in INR and I didn't get UK salary.

During those periods of absences, did you continue to maintain a permanent base in UK? Your flat/house, rent, Council tax etc...?

Also read my pm.

[globalindian]

Thanks.

I was not paid in UK because I am not a UK employee and I am a India based employee who is deputed in UK.
During the gap I was paid in India in INR and I didn't get UK salary.

During those periods of absences, did you continue to maintain a permanent base in UK? Your flat/house, rent, Council tax etc...?

Also read my pm.

Thanks.
Unfortunately I have not maintained the permanent base in UK. I had to vacate them. Though my bank account was still active.

[feigoronin]

Thanks.

I was not paid in UK because I am not a UK employee and I am a India based employee who is deputed in UK.
During the gap I was paid in India in INR and I didn't get UK salary.

During those periods of absences, did you continue to maintain a permanent base in UK? Your flat/house, rent, Council tax etc...?

Also read my pm.

Thanks.
Unfortunately I have not maintained the permanent base in UK. I had to vacate them. Though my bank account was still active.

You need to present strong evidence that while you were in India, you were still based in UK(had a tenancy agreement in your name and were paying rent, paying council tax or had a landline connection in your name). Just having a bank account will not build a strong case(since you won't have any salary credits for the period of your absence). Also, you need a letter from your employer justifying your absence from UK(though not sure how will they justify that you were still based in UK).

[globalindian]

Thanks mate.

You need to present strong evidence that while you were in India, you were still based in UK(had a tenancy agreement in your name and were paying rent, paying council tax or had a landline connection in your name). Just having a bank account will not build a strong case(since you won't have any salary credits for the period of your absence). Also, you need a letter from your employer justifying your absence from UK(though not sure how will they justify that you were still based in UK).

[/quote]