Eligibility For ILR - Please advise

[ANAG]

Hello there,

I am in need of some advise here. I am from India and I arrived in the UK in August 2009 on ICT Established Staff which was due to expire in June 2011. Although I had a continued assignment here in the UK, I had to give away the visa as my wedding date clashed with the visa renewal date and my sponsor was not ready to process the extension before 1 month to expiry. Left with no other option I returned back to India in the month of June 2011 for my wedding and my visa expired. However I returned back to the UK immediately but on a new visa - ICT short term in the month of August 2011 (within 2 months). The reason I had to get a short term ICT is that my annual salary was just less than 40K. However during this one year, my salary was incremented and it went beyond 40K. As a mandate, I returned back to India just before the expiry of the short term ICT in the month of July (end of the month) 2012. I then got my long term ICT processed and came back to the UK in November 2012 and have continued since then. (Quite some journey huh!)

I am completing 5 years this August (technically) and there has not ever been any continuous period of 180 days or more outside the UK. Please can you advise me if I stand a chance to obtain an ILR this August (2014). Any direction will be much appreciated.

Regards,
ANAG

[manci]

see p27
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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.

on this basis continuity was broken in June-August 2011.

Also, if you came to the UK in 2009 under T2 ICT this couldn't have been as T2 ICT Established Staff as this sub-category was only introduced from 6 April 2010

[ANAG]

Thank you very much for getting back so quickly.
This therefore means the 5 year term / clock has restarted and I cannot apply for an ILR at this point ?

Regards,
ANAG

[manci]

unfortunately your ILR clock has not restarted since you don't have continuous leave that included leave under the rules before 6 April 2010