Help Needed on ILR Duration Start Date

[haiksuresh]

Dear Guru’s,
Could you please kindly help me on my doubts below case.

Back Ground of the Case :-

As per the Table-2, I have continuous visa i.e work permit + tier 1. But I spend around 2 years in India, During my stay in INDIA I applied for Tier 1 (G). And I went to UK 2nd time on Tier 1 (G) visa.

Questions :-

1) For eligibility for ILR, Can I consider “17-Oct-10” ?

2) As I have continuous visa from 07-Aug-07 to till date, And there is a Rule for ILR i.e for every year 180 days I can stay outside providing company letter (i.e My company will provide a letter stating employee hase been sent to INDIA on deputation). So in this Case can I consider my 5 years ILR duration from “19-Apr-10” instead of actual start date “17-Oct-10”.

3) If the above question i.e No 2 was applicable i.e If I can consider my ILR start date was “19-Apr-10” then I can apply for ILR on “22-Mar-15” i.e 27 days before completing my 5 years tenure.

Thanks & Regards,
Suresh

VISA's I am having :-

Visa Type----------------Place Of Issue-----Start Date--------End Date-----Heading On VISA
VISA WORK PERMIT----------CHENNAI------------07-Aug-07---------07-Aug-09----ENTRY CLEARANCE
VISA TIER 1 (GENERAL)------CHENNAI------------20-Apr-09---------20-Apr-12----ENTRY CLEARANCE
Tier 1 (G) 1st Ext------------LONDON--------------18-May-12---------18-May-14----RESIDENCE PERMIT
Tier 1 (G) 2nd Ext-----------LONDON--------------01/03/2014--------XX-XXX-XX----RESIDENCE PERMIT
TABLE-1


TYPE OF VISA---------Location------Start Date-----End Date-----DURATION----Absences---Comments
VISA WORK PERMIT-----UK------------17-Aug-07------06-Oct-08----1y 1m 19d---20 days----20 days in 2 occurrences.
Deputation to India--INDIA---------07-Oct-08------16-Oct-10----2y 0m 9d-----NA -------
VISA TIER 1 (Gen)----UK------------17-Oct-10------27-Feb-14----3y 4m 10d----60 days---60 days in 4 occurrences
TABLE-2


Year-------Start Date----End Date------No of Days--Absenses appox
1 Year-----19-Apr-10-----18-Apr-11-----11m 30d-----180 days
2 Year-----19-Apr-11-----18-Apr-12-----11m 30d----- 08 days
3 Year-----19-Apr-12-----18-Apr-13-----11m 30d----- 32 days
4 Year-----19-Apr-13-----18-Apr-14-----11m 30d----- 18 days
5 Year-----19-Apr-14-----22-Mar-15-----11m 03d----- 20 days (appox)
TABLE-3

Please help me...

[haiksuresh]

around 60 views no one was replying... please help me gurus..

[haiksuresh]

Dear Gurus,
As this was little tricky and complicated situation, Please guide me whether my assumption was correct or not ?


Thanks & Regards,
Suresh

[haiksuresh]

Hi Gurus,
Please help me on this..

Reg
Suresh

[haiksuresh]

Hi Gurus,
Seems my Question was too confusing or not clear. No one responded. Here i am briefing as below.

I have combination of Tier 2(G) and Tier 1(G) with out any visa break. But i stayed almost 714 days gap between these visas. As of now rules are relaxed and there is 180 days absence was allowed. As i am deputed 714 days from my company. Can i alter my start date like that 1s year starting 180 days i can show as deputation ? So can i go for ILR on 18th Apr 2015.

Tier-2 was expiring on 07-Aug-09, But I got Tier-1 in india valid from 20-Apr-09

-----------------------------------------------------------------------------------------------------------
TYPE-OF-VISA-------Location---------Start-Date---------------End-Date---------------DURATION
-----------------------------------------------------------------------------------------------------------
Tier-2(G)------------UK-------------17-Aug-07----------------06-Oct-08-------------1y-1m-19d---
Deputation-----------INDIA----------07-Oct-08----------------16-Oct-10-------------2y-0m-9d----
Tier-1(G)------------UK-------------17-Oct-10----------------03-Nov-14-------------4y-0m-17d---

Years Start Date End Date No of Days
----------------------------------------------------------------
1 Year 19-Apr-10 18-Apr-11 11m 30d or 364 days
2 Year 19-Apr-11 18-Apr-12 11m 30d or 365 days
3 Year 19-Apr-12 18-Apr-13 11m 30d or 364 days
4 Year 19-Apr-13 18-Apr-14 11m 30d or 364 days
5 Year 19-Apr-14 18-Apr-15 11m 30d or 364 days

I have gone through lot of posts, But for this kind of situation not found any answer. So plz help me, it will be helpful to lot of people similar to me.

Thanks & Regards,
Suresh

[abhisheks9]

Suresh
honestly i am confused with all details, BUT what i can see you never had Visa GAP or break. What i mean you always had valid visa continuously and all valid to lead you to ILR.
If you can split years preceding date of application such a way that none of yr has out of country absence more than 180, i would suggest that it will be safe to go for ILR.
check page 19 of https://www.gov.uk/government/uploads/s ... eriods.pdf

[haiksuresh]

Hi abhishek,
Thanks for your reply. You got it half of my description. I have gone through the documentation. But the is very different scenario. Between tier2 , tier1 visa i have 2 years gap, So i can't split to make it 180 days.

So here my question was As i have already in UK previously, And also there is no visa break, Can I start my ILR eligibility start date will be first 180 days on deputation, After that 4 years 6 months i am in UK. In this valid case or when i came second time that date will be considered as start date.

All together i can save 6 months..

Regards,
Suresh

[abhisheks9]

still confusing
Let me make it simple. you are originally were trying to prove your 5 yrs based on Tier-1(G) which you got as on 17-Oct-10?
but based on 180 days absence allowed now you want to combine Tier-2 prior to 17-oct-10 i.e. starting from 19-Apr-10 when you left UK first time?
My best guess is it's doable and rules does not have clause anywhere to reject your case for ILR.

My personal thought: go for another Tier-1(G) extension if money is not very big deal for you.

PS: Sorry i am not able to help as still stuck with clarity of your case and myself newly arrived immigran.

[haiksuresh]

Hi abhishek,
Now you got it. 2nd time i came on 17-Oct-10, So my ILR Due on 17-Oct-15. But as there is a rule 180 days absence and also i can get a deputation letter from my old employer. So If i change my start date to 19-Apr-10, and i can go for ILR on 19-Apr-15 instead of 17-Oct-15.

Thanks
Suresh

[abhisheks9]

Suresh

there is slight concern. your deputation letter will certainly help BUT if you were paid in India it won't show you were 'economically' active for UK. In no way i am suggesting it will hamper your application but would have nullied all your concerns if you would have been paid under UK payroll.
My personal thought is in ILR/SET(O) form show your UK period right from when you first entered, before you exited on 19-Apr-10. (this might allow you to go for ILR right now?)
even if you show 19-Apr-10, that allows you to apply for ILR as on 22-Mar-15 (28 days minus 19-Apr-15). Go for same day decision because in case of problem you can go for tier-1(G) extension before 05-Apr-15 when extn closes.
It 's all about clarity from your side as well Case worker to be able to get it to conform to guidelines.

PS: i can discuss offline if you wish? but i am just a novice
Edit: tried PM you but it is stuck in my outbox?