ILR - residency break during an active Tier 1 period

[db83]

Hi there,

I've seen many posts on 5 year continuous stay...but mine is a little different. Could you pls advise

September 2006 - September 2008 --> WP visa (in UK)
I got my Tier 1 approved while I was working for the same employer (Got my Tier 1 from Sept 2008 - Sept 2011)
Sept 2008 - Dec 2008 - Tier 1 (in UK)

And I went to India for a relocation in Dec 2008 (same employer)
Dec 2008 - June 2009 (Worked in India payroll, but my Tier 1 was still present)
June 2009 - present - Came back to UK and working on Tier 1

My question is...will I be eligible for ILR because I was out of the country for 7 months....but did have a valid Tier 1 visa durinng that time.

Many thanks for your help.

Deepak

[xyz123]

Hi there,

I've seen many posts on 5 year continuous stay...but mine is a little different. Could you pls advise

September 2006 - September 2008 --> WP visa (in UK)
I got my Tier 1 approved while I was working for the same employer (Got my Tier 1 from Sept 2008 - Sept 2011)
Sept 2008 - Dec 2008 - Tier 1 (in UK)

And I went to India for a relocation in Dec 2008 (same employer)
Dec 2008 - June 2009 (Worked in India payroll, but my Tier 1 was still present)
June 2009 - present - Came back to UK and working on Tier 1

My question is...will I be eligible for ILR because I was out of the country for 7 months....but did have a valid Tier 1 visa durinng that time.

Many thanks for your help.

Deepak

IMO, your clock was reset as your absence was more than 3 months and more importantly you were on india payroll, i.e. you were not economically active within UK.
However it your employer can write a strong letter certifying your absences you may have a chance. personally i would advise you to go through a solicitor.