ILR Eligibility 2014?

[pelican2016]

Hi All,

My details are as below

UK Entry date UK exit Date Visa Type Visa validity Number of days outside of UK Reason
19/09/2009 20/01/2010 ICT 6 months 19/03/2010 120days Project completed early and moved to India for bid support. No p60 for this period
23/05/2010 1/01/2011 ICT 6 months but moved to tier 1 on 19/07/2010 valid for 2 years but continued working for same company 21/07/2012 65 days Resigned India company so went back to serve the notice period and came back on 06/03/2011 and joined same company UK branch in April 2011
15/09/2012 15/08/2012 Tier 1 general 21/07/2015 30 days Paid annual


As per the new rule of 180 days am I eligible for ILR in Sept 2014 or need to wait till July 2015.
My company is ready to provide a letter with my number of days outside of UK as business related travel and annual leave.
Appreciate if guru’s can clarify whether am I eligible for ILR in 2014 or 2015 so that I can take the letter from my company now itself as a precautionary measure.

Thanks
Raz

[pelican2016]

Gurus,

Any response on the above request. I have got my case history details from UKBA and it has the following information

1st Visa - Tier 2 ICT from 19/09/2009 to 26/03/2010( Left UK 19/01/2010 as project completed early)
2nd Visa - Tier 2 ICT Applied on 03/05/2010 and Visa approved valid from 05/05/2010 to 05/05/2011.(came to UK on 23/05/2010)
3rd Visa - Changed from ICT to Tier applied on 05/07/2010 and valid from 21/07/2010 to 21/07/2012
4th Visa - Tier 1 extension from 21/07/2012 to 21/07/2015.

I am still confused whether I am eligible to apply for ILR straight away as per the above information (combination of ICT2 + Tier 1) or should I wait till 26th June 2015?

If the only option is to wait till June 2015 then the issue I have is even though I changed my visa on July 2010 from ICT to Tier 1 I continued working with the same employer till December 2010 after which I resigned and moved to UK employer. So I do not have a P60 for that first year. If it is an issue then should I go for 3rd extension before April 2015?

Appreciate if Guru's can guide me in the right direction..................

[chetan0229]

Hi
1). I believe, tier 2 migrant + tier-1 migrant combination is NOT available
2). Even if 1) is available then you are not eligible since, tier 2 ICT migrant route towards ILR is only applicable if applicant has a ICT before 6th APril 2010 (which you have) but shouldn't have broken continuous period (unfortunately, in you case continuity is broken since your first ICT expired on 26 march 2010 but you have applied on 05 May 2010. Had you applied before 24 April 2010, you would have been considered for continuity period)

3) Now, coming to your Tier 1 general, You got it on 27 July 2010 and extended once with valid till 27 July 2015; so in this route you would be eligible in July for ILR.
Your next question regarding P60 form for 2010 is a non-issue for me. Best thing to do, you dial up HMRC and ask for émployment history''. In this letter look for your start date in employment in UK.
If it says as July 2010, then you can go ahead with ILR application otherwise, i would suggest you to make once extension on your tier 1 G and apply for ILR next year.

[vrgundi]

Hi : I've a similar situation...

I came to UK in Dec 2009 on Tier 2 ICT visa. On 06 Jun 2011 have returned to India (visa expired), but got a new Tier 2 ICT LT visa from same employer within 25 days of previous visa expiry on 28/06/2011 (Under new rules in place then) and returned to UK on new visa and extended once since then. I've completed 5 years in UK, Would I be eligible for ILR? All other rules are satisfied like minimum payment and continuous period etc...

[vrgundi]

Hi Gurus... Could you please let me know if I'm eligible for ILR given the following situation..

I came to UK in Dec 2009 on Tier 2 ICT visa. On 06 Jun 2011 have returned to India (visa expired), but got a new Tier 2 ICT LT visa from same employer within 25 days of previous visa expiry on 28/06/2011 (Under new rules in place then) and returned to UK on new visa and extended once since then. I've completed 5 years in UK, Would I be eligible for ILR? All other rules are satisfied like minimum payment and continuous period etc...