Can I be eligible for ILR bit early with 180 days Rule

[Macco]

Hi Seniors and members,

I have interesting situation, just wanted to confirm if I can be benefited with new 180 days rule in place.

Step 1 -> I stayed in UK from 13 Sep'08 till 15 Nov'08 on work permit (Validity 14 Aug'08 - 31 May'09 ).

Step 2 -> Worked (Offshore) in India with same employer - got paid in India, Not in UK.

Step 3- >Got new visa Tier-2(ICT) (Validity 04 May'09 - 14 April'11, further got extended twice to 28 April'12 and 15 April'14 subsequently), Arrived on 14th May'2009.
Nov 2010 -> 16 Days Annual Leaves
Feb 2011 -> 16 Days Annual Leaves
Mar 2012 -> 17 Days Annual Leaves
May 2012 -> 17 Days Annual Leaves
Total -> 68 Days

If I try to join Step 3 with Step 1, to shorten my wait time for ILR..
Gap between Step1 and Step3 -> 179 Days (Returned on 15 Nov'08 and Arrived on new Visa on 14 May'09)

With new rule in place on 13 Dec, Can I consider my clock starting from Step1 (from 13 Sep'08 ) rather from 04 May'09 ? If so then I would be eligible for ILR in Aug'2013. I was with same employer in all 3 steps.

If I am eligible to apply early, do I need to provide any letter from employer for 179 days gap ?

Thanks for any help.

Best Regards
Macco

[Lucapooka]

Got paid in India meaning got paid by India, and you were not in the employ of the UK subsidiary at that time? Your residence for ILR began at step 3.

[Macco]

Thanks for your response.

For all steps, I was part of same employer. I came to UK for 2 months in 2008 (Step 1) and moved back to work from offshore for 179 days and again came back in 2009 with new Tier-2 (ICT) visa. When we work in India (offshore), we are being paid there, not in UK, but we maintain our account of UK.

In past,I have seen people in my company, where they worked some time in India(offshore) during their 5 years period and later they got ILR. That's the reason, I was hoping for the same.

Thanks,
Macco

[Lucapooka]

It may be the same company (owner) but it will not be the same employer. You were sponsored to work in the British subsidiary (rather than work globally) and that is the entity which expected to pay you throughout your residence. If you went to work for another subsidiary but were paid by that other entity, you broke your residence. If the British subsidiary had continued to pay you (employ you) your residence would not have been broken under the terms of the new rules.

[Macco]

Thanks for your detailed reply. Got your point now.

[Macco]

In recent past I have seen few successful cases who were similar to my situation... ( http://www.immigrationboards.com/viewtopic.php?t=117518)
this is just one of that example. If I can get the letter from my employer, stating long gap was work related, Can I be eligible to apply this year ?

[Macco]

Still waiting to get reply from senior members who can advice what could be possible ways where I can make it.