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TIER 2 - Intra Company Transfer - more then 180 days

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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ajit_p20
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TIER 2 - Intra Company Transfer - more then 180 days

Post by ajit_p20 » Tue Feb 11, 2014 1:39 pm

TIER 2 - Intra Company Transfer - more then 180 days

Hello Experts,

Am I eligible for ILR ?

UK Entry Date UK Exit Date Period Stayed Out
31-Aug-08 24-Jan-10 244
25-Sep-10 13-May-11 32
14-Jun-11 22-May-13 29
20-Jun-13 till date

I am in UK on Tier-2 Intra Company Transfer, and through-out the period I have been working for same employer in UK & India but on different payroll (i.e. in UK on payroll of UK and in India on payroll of India).

For Period of 244 days, I do not have UK payslip, but I do have India play slip.
Regards,
Aj

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: TIER 2 - Intra Company Transfer - more then 180 days

Post by manci » Tue Feb 11, 2014 7:48 pm

Assuming you had T2 ICT leave throughout the 5 year period, the way this works is that you have to make sure that in any of the 12 month periods calculated backwards from the date of the ILR application your absence doesn't exceed 180 days, i.e. your 244 day absence has to be broken up into two periods, each less than 180 days, by a suitable choice of the date when you apply.

This is described on p19-22 together with whar are acceptable reasons for the absences:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

ajit_p20
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Posts: 3
Joined: Sun Jan 26, 2014 1:08 pm

Re: TIER 2 - Intra Company Transfer - more then 180 days

Post by ajit_p20 » Thu Feb 13, 2014 4:40 pm

Thanks Manci, that was great information.

Also, I (Tier 2) am staying in UK with dependants on Tier2 dependant. Please let me know if I can apply only for myself and then for dependant at later date ?

Just want to be cautious for any lose because of rejections.

manci
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Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: TIER 2 - Intra Company Transfer - more then 180 days

Post by manci » Thu Feb 13, 2014 6:12 pm

you can apply together with your dependants if they qualify. What is their immigration history?

ajit_p20
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Posts: 3
Joined: Sun Jan 26, 2014 1:08 pm

Re: TIER 2 - Intra Company Transfer - more then 180 days

Post by ajit_p20 » Mon Mar 31, 2014 12:01 pm

Hello Manci,

As said in previous post, I have been out of UK for more then 180 days (T2 - ICT), and was working in India on India Payroll and not as UK Payroll. i.e. India empoyee and not UK Employee.

I do not have any UK pay during the gap period.

Then, am I eligible ?

Please respond as soon as possible.

Thanks & Regards,
Aj

manci
Respected Guru
Posts: 6547
Joined: Wed Feb 15, 2012 10:10 am

Re: TIER 2 - Intra Company Transfer - more then 180 days

Post by manci » Thu Apr 03, 2014 7:02 am

Where you were paid is not an issue, a T2 ICT migrant can be paid either in the UK or overseas. What is important is to have had leave throughout the 5 year qualifying period.

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