2 years absence due to employment - IS ILR possible ???

[sujyo]

I am due for ILR in July. I was 2 years out of the country due to employment reasons . Have necessary letters from employer.

I studied the UKBA site and following section excites me to apply which I feel is relevant for a continuous absence. Any views.

245AAA. General requirements for indefinite leave to remain
(a) "continuous period of 5 years lawfully in the UK" means residence in the United Kingdom for an unbroken period with valid leave, and for these purposes a period shall not be considered to have been broken where:
(i) the applicant has been absent from the UK for a period of 180 days or less in any of the five consecutive 12 month periods preceding the date of the application for leave to remain;

(ii) the applicant has existing limited leave to enter or remain upon their departure and return except that where that leave expired no more than 28 days prior to a further application for entry clearance, that period and any period pending the determination of an application made within that 28 day period shall be disregarded; and
(iii) the applicant has any period of overstaying between periods of entry clearance, leave to enter or leave to remain of up to 28 days and any period of overstaying pending the determination of an application made within that 28 day period disregarded.
(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a businessperson, an innovator, an investor, a self-employed lawyer or a writer, composer or artist:
(i) the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor; and

(ii) any absences from the UK during the five years must have been for a purpose that is consistent with the continuous employment in (i), including paid annual leave or for serious or compelling reasons

[Lucapooka]

All you have said is that you were absent for two years. You have not said if that is all in one go, or in a series of shorter trips that accumulated to two years. If it is all in one continuous absence, you will have broken residence and can't use any time before or during that absence to apply for ILR.

[sujyo]

Yes its a continuous absence of 2 years.

[Lucapooka]

So the date of your return to the UK is the beginning of the residence period for your ILR application.

[sujyo]

oh are you saying its a another 4 year wait.

aug 2008 - March 2010 - UK
March 2010 - Jan 2012 - India
feb 2012 - current - UK....

with this I am planning to applly in Aug 2013.

[sujyo]

Currently on Tier 1 till 2014 Nov

[Lucapooka]

ILR in Jan 2017 if you don't have any more breaks.

[Gagan1986]

As you had a break and entered UK back in feb 2012, the clock will start from this time. Eligible to apply in JAN 2017(28 days before the 5 year period)

[uksettlement]

ILR in Jan 2017 if you don't have any more breaks.

Unless you can show that the breaks in residence was due to compassionate reasons and unfortunately work is not considered serious or compassionate reasons.