Am I eligible for applying ILR. Please help!!

[sancsan]

Hi,
I'm planning to apply ILR in Mid March, depends upon the availability of appointments.
As per new rule, if I split my absence taken during 5 consecutive 12 months period, please help me to understand if I am eligible for ILR.

15Mar2013 - 14Mar2012 -> 30 Days (On Tier 1)
15Mar2012 - 14Mar2011 -> 175 Days (On Tier 1)
15Mar2011 - 14Mar2010 -> 34 Days (On Tier 2)
15Mar2009 - 14Mar2009 -> 134 Days (On Tier 2)
15Mar2009 - 14 Mar2008 -> 6 Days (On Tier 2)

My first entry was in Oct2007 and currently I'm on Tier1G.

[wpilr_nov12]

What reasons do you have to justify those absences, particularly the long ones?

[sancsan]

What reasons do you have to justify those absences, particularly the long ones?

Hi wpilr_nov12,

15Mar2012 - 14Mar2011 -> 175 Days (On Tier 1) - I was employed in EU(Netherlands)
15Mar2009 - 14Mar2009 -> 134 Days (On Tier 2) - I was working from offshore (India).

Remaining absence were on my paid holidays.

Both the assignments were from same company and I was not paid in UK salary. I'm not sure if I'll be able to get any employment letter as I no longer work for that company.

And during those long holidays, I made sure I was not out of UK for continuous period of more than 90 days by making day trip to UK.

Please suggest.

[cs95tdg]

15Mar2009 - 14Mar2009 -> 134 Days (On Tier 2) - I was working from offshore (India).

Both the assignments were from same company and I was not paid in UK salary.

For a employer sponsored immigration category such as Tier 2, you will need to prove that you met the requirements of the Tier2 leave granted at the time of your ILR application. Your overseas employment of 134 days with no UK Salary, would IMHO appear to go against that fundamental requirement.

[sancsan]

15Mar2009 - 14Mar2009 -> 134 Days (On Tier 2) - I was working from offshore (India).

Both the assignments were from same company and I was not paid in UK salary.

For a employer sponsored immigration category such as Tier 2, you will need to prove that you met the requirements of the Tier2 leave granted at the time of your ILR application. Your overseas employment of 134 days with no UK Salary, would IMHO appear to go against that fundamental requirement.

Thanks cs95tdg.

As per new rule: 'No more than 180 whole days absence are allowed in any of the five, two, three or four consecutive 12 month periods'. My absence was less than 180 days during that period. Not sure how far my understanding stands correct for this new rule.

Can you or other colleagues of this forum suggest on this rule.

[cs95tdg]

My previous response was not specifically addressing the number of absences you have, but rather the terms associated to an employer sponsored immigration category. As you would know, there are other requirements that need to be met for ILR. Can you indicate which T2 immigration category(s) your 5 year residence is made up of as there are several (E.g. T2-G, T2-ICT, etc...)?

With respect to your absences alone, you technically appear to be within the allowed 180 day annual threshold. However the fact that you were never paid in the UK during the long absences mentioned, would IMHO raise questions and be cause for close scruitinity by a case worker. Do you have P60's to cover the T2 residence period which corroborate the requirements of your T2 grant of leave to remain?

Note that all absences (Annual Leave & Business related) while under a employer sponsored immigration category would need to confirmed by an employer letter.

[sancsan]

My previous response was not specifically addressing the number of absences you have, but rather the terms associated to an employer sponsored immigration category. As you would know, there are other requirements that need to be met for ILR. Can you indicate which T2 immigration category(s) your 5 year residence is made up of as there are several (E.g. T2-G, T2-ICT, etc...)?

Tier2 ICT until June 2011 and then Tier1G

With respect to your absences alone, you technically appear to be within the allowed 180 day annual threshold. However the fact that you were never paid in the UK during the long absences mentioned, would IMHO raise questions and be cause for close scruitinity by a case worker. Do you have P60's to cover the T2 residence period which corroborate the requirements of your T2 grant of leave to remain?

Yes, I do have P60 for all the years. During those 134 days of absences, I was holding Tier2 ICT visa.

Note that all absences (Annual Leave & Business related) while under a employer sponsored immigration category would need to confirmed by an employer letter.

[cs95tdg]

Yes, I do have P60 for all the years. During those 134 days of absences, I was holding Tier2 ICT visa.

Merely having P60's will not be sufficient IMHO. See text in blue. E.g. did you earn the income that was stiputed as per your T2 grant of leave to remain?

Do you have P60's to cover the T2 residence period which corroborate the requirements of your T2 grant of leave to remain?