Can I get ILR with 7 months absence

[DesiBoys]

Hi

I am technically eligible for ILR in aug 2013 but with recent changes on absences I am hoping to get some clarification.

I initially came to the UK in oct 2007 on work permit(on UK payroll) and then went to work back in india on Indian payroll on 7 feb 2009. I then came to UK in sep 2009 on tier 2 ICT, switched to Tier 1 in aug 2010 and have a valid visa until aug 2015.

I have been working with the same employer since.

I have been out of UK for about 110 days since sep 2009 till date, which cis covered by my paid annual leave plus on one occasion paid compassionate leave ie earning in the uK all this while.

I wanted to confirm that even considering my absence from 7 feb 2009 until 6 sep 2009 can I now apply for ILR with continous stay from oct 2007 or will I only be eligible in aug 2013, with continous stay starting from sep 2009.

Many thanks

[Lucapooka]

You residence broken in 2009. You current residence period began is Sep 2009. You may apply for ILR five years from that date. That is Aug 2014

[DesiBoys]

After reading few more posts regarding ILR with more than 180 days in a year I wanted to re discuss my case.

1. I came on an assignment from India to UK on 21st Oct 2007 on a work permit valid from 11/10/2007 till 11/10/2009
3. I then moved back to India company on 7th Feb 2009. (my UK work permit was still valid while I was in India but my salary was getting paid in India)
4. I came back to UK on Tier 2 Intra company visa (filed from India) on 6th Sep 2009. The visa was valid from 21/08/2009 to 02/09/2011
5. I switched to Tier 1 visa valid from 6 th Aug 2010 till 6th Aug 2012. The visa is currently extended from 6th Aug 2012 till 6th Aug 2015.
6. I am still working with the same employer as a permanent UK employer now.

As you can see I have a continous break from 8th feb 2009 to 5th sep 2009

However if I break this gap into two periods then can I be eligible for ILR now?

If I apply in Apr 2013 then my approximate absences will be as:

Year 1 -> 1st April 2008 till 30th Mar 2009 -> 74 days
Year 2 -> 1st April 2009 till 30th Mar 2010 -> 158 days
Year 3 -> 1st April 2010 till 30th Mar 2011 -> 55 days
Year 4 -> 1st April 2011 till 30th Mar 2012 -> 17 days
Year 5 -> 1st April 2012 till 30th Mar 2013 -> 27 days

Also during this absence I was on WP/tier 2 ICt. Will I require rm

[DesiBoys]

After reading few more posts regarding ILR with more than 180 days in a year I wanted to re discuss my case.

1. I came on an assignment from India to UK on 21st Oct 2007 on a work permit valid from 11/10/2007 till 11/10/2009
3. I then moved back to India company on 7th Feb 2009. (my UK work permit was still valid while I was in India but my salary was getting paid in India)
4. I came back to UK on Tier 2 Intra company visa (filed from India) on 6th Sep 2009. The visa was valid from 21/08/2009 to 02/09/2011
5. I switched to Tier 1 visa valid from 6 th Aug 2010 till 6th Aug 2012. The visa is currently extended from 6th Aug 2012 till 6th Aug 2015.
6. I am still working with the same employer as a permanent UK employer now.

As you can see I have a continuous break from 8th feb 2009 to 5th sep 2009

However if I break this gap into two periods then can I be eligible for ILR now?

If I apply in Apr 2013 then my approximate absences will be as:

Year 1 -> 1st April 2008 till 30th Mar 2009 -> 74 days
Year 2 -> 1st April 2009 till 30th Mar 2010 -> 158 days
Year 3 -> 1st April 2010 till 30th Mar 2011 -> 55 days
Year 4 -> 1st April 2011 till 30th Mar 2012 -> 17 days
Year 5 -> 1st April 2012 till 30th Mar 2013 -> 27 days

Also during this absence I was on WP/tier 2 ICt. Will I require employer letter to support this? What should that mention.

Thanks in advance.

[Lucapooka]

It's not a matter of the absence being more than 180 days or that your visa did not expire; it's a matter of you coming off the payroll (and, therefore, sponsorship) of the UK-based entity for more than one month. The fact that it's the same parent company in India will not be considered as it's not the same employing entity that holds a UK sponsorship licence. You should have stayed within the employment of the UK company if you expect the absence to be validated.

[sohil109]

On the same note, my case is, my employer cancelled the Tier 2 and I lived on grace period in UK for a period of 6months + (2 months next visa processing). So a total of 8 months. Is my continuity broken?

[cs95tdg]

On the same note, my case is, my employer cancelled the Tier 2 and I lived on grace period in UK for a period of 6months + (2 months next visa processing). So a total of 8 months. Is my continuity broken?

It would help if you continued under your existing topic: http://www.immigrationboards.com/viewtopic.php?p=784531

[DesiBoys]

It's not a matter of the absence being more than 180 days or that your visa did not expire; it's a matter of you coming off the payroll (and, therefore, sponsorship) of the UK-based entity for more than one month. The fact that it's the same parent company in India will not be considered as it's not the same employing entity that holds a UK sponsorship licence. You should have stayed within the employment of the UK company if you expect the absence to be validated.

Thanks

[DesiBoys]

Hi it's me again.

Can gurus/senior members look at this post


http://www.immigrationboards.com/viewtopic.php?t=130263

The above post had end of sponsorship in the uK and went back to india to apply for a fresh sponsorship, ie a new permit. The case was successfully granted ILR

Can you comment that considering this case I can be eligible for ILR? Is it worth trying or can it jeopardise my case to apply in aug 2014 otherwise in any way.

Ill be grateful for any sort of steer on this

Thanks

[DesiBoys]

Any more for anymore?

[joe55]

Hi
I know I am rushing up things and its too early to worried about but I just want to conform this before so that I can start looking for other options. I came to UK 2005 October as a student I done my Diploma, Bachelors and my Masters completed in 2011 March.

I applied for my PSW and granted from 2011 March to March 2013 and this time period only literally I was out of UK for more than 30 days. From 6th July 2011 to 04 April 2012 something around 310 days .

I applied for my tier 2 WP and waiting for the decision, So if Apply for ILR in 2015 this huge time gap will be a problem for me. I am just wondering.

I appreciate the time you taken to read and thanks in advance for your replies
Thanks
Joe

[physicskate]

HI came to UK 2005 October as a student I done my Diploma, Bachelors and my Masters completed in 2011 March.

I applied for my PSW and granted from 2011 March to March 2013 and this time period only literally I was out of UK for more than 30 days. From 6th July 2011 to 04 April 2012 something around 310 days .

I applied for my tier 2 WP and waiting for the decision, So if Apply for ILR in 2015 this huge time gap will be a problem for me. I am just wondering.

Sorry it is unclear - was your gap during your valid leave?? If you were out of the UK for more than 6 months, your clock was reset on the 10 year continuous leave ILR requirement. Try to meet the requirements for Tier 2.

[joe55]

Hi ,
Thanks for your reply , I was on my PSW visa while I was out of uk it was more than 6 months.

[physicskate]

Hi ,
Thanks for your reply , I was on my PSW visa while I was out of uk it was more than 6 months.

Then you reset your clock. 10 year long residence applications have certain residency requirements that you appear to have fallen foul of. Perhaps you will qualify for a five year route from a working visa?

[DesiBoys]

Just an update to say my ILR was granted today

[vin_ayagar]

Dear Desiboys

I have a similar situation like yours. I came as Tier 2 Intra Company Transfer Migration in March 2009, but had to leave UK on October 2009. Though I went back, this visa had validity till March 2011.
I came back to UK again in June 2010 ( Gap of about 8 months ) and was asked to apply for a visa again since the category was then Tier 2 ICT (Established Staff).
If I follow the split for the individual years, each year absence is less than 180 days.
It also seems if i take my entry in March 2009 as the first entry and consider the gap as just an absence, then i might qualify to apply for ILR during March 2014 itself.

My absences break down as

Year 1 20 March 2014 19 March 2013 15+
Year 2 20 March 2013 19 March 2012 31
Year 3 20 March 2012 19 March 2011 20
Year 4 20 March 2011 19 March 2010 88
Year 5 20 March 2010 19 March 2009 154

My questions are

1. Is it even possible to apply as i think in March 2014? The below document from UKBA suggests I can .. Refer Page 26
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

2. Can I use srk2012 reasoning that the company wanted to apply for the second time. Also that the visa category has changed.
3. My other worry is even if i get out of the entry clearance, will they pick the fact that my second entry clearance on June 2010 is later the acceptable date of 6th April 2010 after which all the visas have become ineligible for ILR in Tier 2 ICT
4. As you can see, I need to explain the reasons for the 154 days and can I tell them I went on Business trip ( went to set up a base at offshore )

Any advise you can provide me with your experience is greatly appreciated.