Urgent Help required. Do I qualify for ILR

[mansoorb]

Dear Friends,

Please see my situation below w.r.t ILR eligibility. Can someone kindly tell me whether I qualify for ILR or not. There are few solicitor who say yes and few say no. So I am completely confused.

• First landed in U.K. on 05-July-2008 on a 3 year Work permit valid until June 2010

o Work permit Visa valid from 17-Jun-2008 till 17-Jun-2011

• Went to India on 01-May 2010 (Gap of 1 month) for business reasons for 28 days
• Flew back to U.K. again on 28-May-2010
• Work permit expired in June 2010 and applied for visa renewal
• Visa extended (Intra Company Transfer Tier 2) from 18-Jun-10 valid until 01-Jan-2013
• Flew back to India on 18-Dec-2012 due to business reasons. No UK salary during my stay in India.
• In March 2013, got fresh Tier2, ICT Visa for three years starting 14-Mar-2013 valid until 29-Mar-2016:

o Made an application for visa on 26-Feb-13 (55 days gap from the last visa)
o Visa issued from 14-Mar-2013 valid until 29-Mar-2016
o Flew back to U.K. on 15-Apr-2013 (Gap of almost 4 months)

• Same employer during all this 5 years in U.K. However, worked for 2 different clients

Another problem is that my employer is not willing to issue me a letter with the gaps in days. What is the other solution?

Few solicitors say that there must not be a gap of more 28 days between the last visa expiry date and the latest visa issue date. Few solicitor say that this gap should not exceed 60 days. In my case its 55 days from the last visa expiry and the date of application for the latest visa. Hence, I am completely confused.

Its been really tough staying in U.K. for 5 years and now that I have completed 5 years, I don't know whether I qualify for ILR or not.

I will be extremely thankful, If someone can help me with all the possible solutions .

Awaiting a reply,
Thanks and regards

[mansoorb]

Hi,

I can see a total of 80 views on my post but strange not to receive a single post .

Please, can someone reply provide inputs on my query?

[geriatrix]

1 hour since posting, and you are already impatient!
If in a hurry, see a solicitor. He will answer your query after "1 view".

Be patient!! People will respond if and when they wish to!

[ouflak1]

The general presumption is that a 'fresh' new visa is also a fresh start of the process. That said, your dates are a bit confusing to me. You said you landed in July, 2008 with a visa valid for 3 years until June, 2010. But if it was valid for 3 years, then you must have meant until June, 2011. You then specifically state that it was valid until June, 2011. Then you later state it expired in June 2010. So there is some confusion here.

This may make a big difference as the wording of the rules is that your continuous PBS stay must be under the same respective PBS conditions, but is not necessarily tied to your specific visa (Hence people being on mixed Work Permit/HSMP/Tier 1 visas and all still qualifying in the same five year period). The 122 day gap is an issue, but a surmountable one. Too bad your employer won't support you on this.

Could you just clarify exactly when your initial visa expired?

[mansoorb]

Not I hour. Check when I posted the original query. It was on 16th.

[mansoorb]

Hi, my bad. I sent the earlier post in a hurry.

Below are the correct dates.

• First landed in U.K. on 05-July-2008 on a 3 year Work permit valid until June 2011
o Work permit Visa valid from 17-Jun-2008 till 17-Jun-2011
• Went to India on 01-May 2010 (Gap of 1 month) for business reasons for 28 days
• Flew back to U.K. again on 28-May-2010
• Work permit expired in June 2011 and applied for visa renewal
• Visa extended (Intra Company Transfer Tier 2) from 18-Jun-11 valid until 01-Jan-2013
• Flew back to India on 18-Dec-2012 due to business reasons. No UK salary during my stay in India
• In March 2013, got fresh Tier2, ICT Visa for three years starting 14-Mar-2013 valid until 29-Mar-2016:
o Made an application for visa on 26-Feb-13 (55 days gap from the last visa)
o Visa issued from 14-Mar-2013 valid until 29-Mar-2016
o Flew back to U.K. on 15-Apr-2013 (Gap of almost 4 months)
• Same employer during all this 5 years in U.K. However, worked for 2 different clients.

[geriatrix]

My apologies!

[ouflak1]

Hi, my bad. I sent the earlier post in a hurry.

Below are the correct dates.

• First landed in U.K. on 05-July-2008 on a 3 year Work permit valid until June 2011
o Work permit Visa valid from 17-Jun-2008 till 17-Jun-2011
• Went to India on 01-May 2010 (Gap of 1 month) for business reasons for 28 days
• Flew back to U.K. again on 28-May-2010
• Work permit expired in June 2011 and applied for visa renewal
• Visa extended (Intra Company Transfer Tier 2) from 18-Jun-11 valid until 01-Jan-2013
• Flew back to India on 18-Dec-2012 due to business reasons. No UK salary during my stay in India
• In March 2013, got fresh Tier2, ICT Visa for three years starting 14-Mar-2013 valid until 29-Mar-2016:
o Made an application for visa on 26-Feb-13 (55 days gap from the last visa)
o Visa issued from 14-Mar-2013 valid until 29-Mar-2016
o Flew back to U.K. on 15-Apr-2013 (Gap of almost 4 months)
• Same employer during all this 5 years in U.K. However, worked for 2 different clients.

In my opinion, you qualify. There may have to be some discretion, however on my scale, the balance is well in your favor. The 122 gap will stand out, but if the absences you stated from the UK are your only ones, then you have easily met the residential qualifying period. It's too bad that your employer won't back you up on the larger gap, especially considering the visa is ICT. But from my understanding of the UKBA current rules, you were eligible to apply on June 7/8th, 2013.

[nks]

Ithink this will reset your clock: "In March 2013, got fresh Tier2" and since new Tier 2 ICT doesn't qualify for ILR, I am sorry you don't seem to be eligible but worth waiting for more expert comments...good luck..

[ouflak1]

I think this will reset your clock: "In March 2013, got fresh Tier2" and since new Tier 2 ICT doesn't qualify for ILR,..

Not according to the UKBA website which states:

At present, you cannot apply for settlement until you have been in the UK for a continuous period of 5 years in an eligible immigration category.

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason for the absence if it was related to your work. You must do so for a serious or compelling reason.
.
.
.
This 5-year continuous period can include any time that you have spent in the following immigration categories before applying under Tier 2 (Intra company transfer):

qualifying work permit holder
representative of an overseas business

The 5-year continuous period must include time spent as:

a Tier 2 (Intra company transfer) migrant under the Immigration Rules in place before 6 April 2010; or
a qualifying work permit holder, provided that the work permit was granted because you were the subject of an intra-company transfer.

There is no mention of a reset when coming back on a fresh visa, or even a different type of PBS visa. From what I gather, he qualifies.

However I would too like to hear from somebody who is more familiar with the Tier 2 routes.

[sujatha_dhruva]

o Made an application for visa on 26-Feb-13 (55 days gap from the last visa)
o Visa issued from 14-Mar-2013 valid until 29-Mar-2016
o Flew back to U.K. on 15-Apr-2013 (Gap of almost 4 months)

As far as I understand
Your absence from the UK in terms of days is OK.
But while you were in India did you have ties with the UK? - salary, council tax, tax, etc?

But the larger problem is here -
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/

Your most recent permission to stay must have been given in the UK in the Tier 2 (Intra company transfer).
You say your visa was issued in India and not UK. Wouldn't this be a problem?

[sujatha_dhruva]

o Visa issued from 14-Mar-2013 valid until 29-Mar-2016

Is this entry clearance or residence permit?

[geriatrix]

The issue here is the period between 01-Jan-13 and 26-Feb-13, where the OP had no leave to enter / remain in the UK.

What is your current Tier 2 (ICT) sub-category? Under which sub-category did you apply for leave to remain in May / June 2011?

[sujatha_dhruva]

I think sushdmehta is right.

o Made an application for visa on 26-Feb-13 (55 days gap from the last visa)

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 27 / 31

The continuous period is maintained if the:
...
If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, then the continuous period is broken and leave is not aggregated.

[mansoorb]

The issue here is the period between 01-Jan-13 and 26-Feb-13, where the OP had no leave to enter / remain in the UK.

What is your current Tier 2 (ICT) sub-category? Under which sub-category did you apply for leave to remain in May / June 2011?

My current cateogry is Tier 2 ICT, Long Term Visa.
In June 2011, my workpermit got extended as Tier 2 ICT Long term.

I guess for Tier2, I have also heard that the fresh visas's should be applied within 60 days from the date of expiry of the last visa. The 28 days is applicable for Tier1. Not sure on this, but need your inputs.

[geriatrix]

The statement quoted above applies to all PBS categories leading to settlement (and also some other non-PBS categories). So, the earliest you may be eligible for settlement will be in 2018.

[Pqek]

The statement quoted above applies to all PBS categories leading to settlement (and also some other non-PBS categories). So, the earliest you may be eligible for settlement will be in 2018.

He cannot apply for ILR in 2018 being in Tier 2 (ICT), sorry you are not eligible on this circumstances.

[geriatrix]

Well spotted! Thanks for that!

[Amber]

Why can the OP not apply in 2018 with 10 years residence? The t2(ict) was not before April 2010 so I understand that route is out, but 10 years in 2018 shouldn't be,

[geriatrix]

Pqek's response was with regards to settlement under Tier 2.
Long residence is an option, provided it remains available when the OP becomes eligible.

[Amber]

I thought as much just the statement can't apply for ILR in 2018 didn't ring right.

[mansoorb]

Hi Experts,

I am planing to apply ILR on a 10 year visa route. I have below questions for which I need your inputs:

1. Is 28 rule gap between old and new visa issuance also applicable for 10 year ILR route?
2. My visa expires in March 2018 but I will be eligible for ILR in July 2018. Can I apply for ILR by post in Jan 2018? Will it be considered?
3. Can I work for any company full time whilst my application for ILR is with the home office?

Thanks
Mansoor

[CR001]

1. You can apply for ILR no sooner than 28 days BEFORE you reach 10 years legal stay calculated from the date you ENTERED the UK in 2008.

2. You cannot apply in January if you only meet 10 years long residence in July. It is too early and likely to be refused.

3. Yes your existing visa conditions continue and it depends what visa category you currently hold.

[mansoorb]

Hi Experts,

I need some guidance on my ILR. I am in a very difficult situation . I am on a ICT Tier-2 visa and first landed in UK in July 2008 on a Work Permit. There after my employer sent me back to India in Dec 2012 and my new visas were issued in March 2013 with a gap of more than 28 days from the previous visa. So my clock started again. However, I will be completing 9.8 years in February 2018 and will be short of 4 months for ILR.

I met few solicitors and they said that in this situation, I should apply for ILR via Post in Feb 2018. As per them, the Home office will usually take 5-6 months to process my application and by that time, I would have completed my 10 years and will get ILR.

It is not that I do not trust my solicitor but wanted to know your thoughts and opinion.

1. Will the postal application work in my case and be considered?
2. Can I legally work during this period?
3. Is the 28 day gap between two visas applicable for a 10 year route ILR?
4. Anything that I should be aware off?
5. Is FLRO visa an option?

Sorry for so many questions but I am very confused at the moment. Your help will be much appreciated.

Thanks

[vinny]

Posts merged.