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Guidance – ILR – calculating continuous period in the V7.0

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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yeshwantdk
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Posts: 4
Joined: Sun Feb 10, 2013 8:31 pm
Location: United Kingdom

Guidance – ILR – calculating continuous period in the V7.0

Post by yeshwantdk » Tue Mar 05, 2013 12:34 am

I am applying for an ILR on 21 MARCH 2013.

I work for an Indian IT company and am here on deputation. However, I am on tier 1 (general )since 2008.

I have couple of 120 days absence twice in the five year period but after a gap of two years. ( Thought after going though this forum that I safely qualify).

However , as per
Page 11 of 18 of Guidance – ILR – calculating continuous period in the V7.0
If the absences are in connection with other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken

As I am on deputation ( India based employee) do I not qualify for an ILR .
Note : My UK salary slip has a component of Overseas salary reflected for taxable purpose.

I am now worried that I am not eligible. Can someone please advise ?

uksettlement
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Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
Contact:
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Post by uksettlement » Tue Mar 05, 2013 7:21 am

As you have correctly said you qualify. Now 180 days are permitted every year and each year is calculated backwards from the date of application.

Getting paid lesser salary isn't an issue at all too as long as you qualify with the requisite points for previous earnings taking the last 12 out of 15 months.

Since you are now on tier 1 you don't need any letter from the employer too.

Scan the forum for ppl getting ILR without any issues with more pressing circumstances than yours.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

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