Tier 2 (ICT) / Tier1 (G) / 5 Yrs / ILR

Hi All,

I applied Tier 1 (G) in July 2010 (after 19th July 2010) while I was in UK on Tier 2 ICT and went back to India in Sept 2010 as my employer told me to move back after the completion of current assignment (assignment started in April 2010 when first entered in UK on Tier 2 ICT approved before 6 April 2010).

I came back to UK in June 2011 (after 9 months since Sept 2010). During this period, I worked with the same employer in India and looked for opportunities in UK directly or through the same employer. I resigned/left my employer in India in June 2011 and after 10 days, I came over to UK in June 2011 itself.

I have been in UK continuously since June 2011 and took two more extensions on T1 (G). My current visa is valid till July 2017.

Q1 - Between Sept 2010 and June 2011, I was out of UK for about 285 days (more than 9 months). Can I consider less than 180 days (out of 285 days) lets say 150 days and be eligible for ILR application in Feb 2016 or do I really need to wait till June 2016?

Q2 - If I consider less than 180 days, lets say 150 days as mentioned above, would I be required to provide any letter of absence from employer and reason (what it should be based on above) as well?

I would appreciate your response please.

Thanks.

(Simplifying my previous query and putting it more clearly to understand just in case).

Hi All,

I am planning to apply for ILR soon if I am really eligible in Feb 2016 itself and that's where I request your response to clarify me some of my queries / questions (Q0 + Q1 + Q2 below).

Here is the overall picture -

=============== Absences in 5 Yrs Period for ILR ===========================
20 Feb 2016 to 21 Feb 2015 - 0 days
20 Feb 2015 to 21 Feb 2014 - 17 days (have got the letter from employer)
20 Feb 2014 to 21 Feb 2013 - 22 days (have got the letter from employer)
20 Feb 2013 to 21 Feb 2012 - 5 days (on business trip - have got the letter from employer)
20 Feb 2012 to 21 Feb 2011 - 130 days (NO LETTER from EMPLOYER - entered UK in Jun 2011 on T1 (G)) - taking 130 days (less than 180 days for ILR) out of total absence of 285 days (total absence of 285 days in between Sept 2010 to Jun 2011) - Q0 + Q1 + Q2 below.
=======================================================================

Period before 5 Years & Few Key Points -

20 Feb 2011 to Mar 2010 - 155 days (Left UK in Sept 2010 on T1 (G)) - 155 out of 285 days (total absences of 285 days in between Sept 2010 to Jun 2011) - Q0 + Q1 + Q2 below.

- Entered UK in Apr 2010 on Tier 2 (ICT) (approved in Mar 2010 from 6th April 2010 rules in place) from India through one of the Indian employer.
- While in UK, I applied and got T1 (G) in Jul 2010 (after 19th Jul 2010 rules in place). My employer told me to return to India in Sept 2010 after finishing the assignment perhaps, he was or was not aware of the fact that I have changed my visa status from T2 ICT to T1 G.
- After going back to India, I continued to work with same employer in India. I resigned and left the employer in Jun 2011 and within 10 days after leaving the employer in India, I came over to UK in Jun 2011 itself. I was already active in searching for the job from India here in UK. I found one after coming here and started working in Aug 2011. Since then, I am working here in UK.

I have been in UK continuously since June 2011 and took two more extensions on T1 (G). My current visa is valid till July 2017.

Questions/Queries -

Q0 - 285 days - does it break the continuity for 180 days even if I split and consider the second half (130 days) for my ILR 5 Yrs period? or does the clock reset from Jun 2011 itself?

Q1 - Between Sept 2010 and June 2011, I was out of UK for about 285 days (more than 9 months). Can I consider less than 180 days (out of 285 days) lets say 130 days as mentioned above and be eligible for ILR application in Feb 2016 or do I really need to wait till June 2016?

Q2 - If I consider less than 180 days, lets say 130 days as mentioned above, would I be required to provide any letter of absence from employer and reason (what it should be based on above) as well?

Please respond me and I will be thankful to you.

Thanks.

Q1 - No, you would likely need to apply in 28 days before the date you entered the UK. The gap in your absence is too big and you were not working in the UK or getting paid in the UK.

Q2 - You cannot use absence in the way you are suggesting. It is 4.5 months to wait.

Thanks for the reply. what about the case where an IT professional moves back to India and come back to UK lets say after spending 8 months and then they split the absences in two halves (less than 180 days) and during the period they are paid in India (ideally not in UK)?

And second, do I really need to apply 28 days in advance or can I reduce the gap and bring it down to even less than 90 days (instead of 130 days) and apply for ILR in Apr 2016?

I am assuming you are trying to apply under the current fees.

Do you want to risk a refusal for a few hundred ££?

I don't want to give any wrong impression therefore let me make it clear by saying that I am not trying to apply under current fee. All I want is soon (or sooner) the better but you are right, it is worth waiting rather than putting it on risk for refusal.