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Apply ILR with a single Gap

Posted: Fri Jun 27, 2014 11:28 pm
by santosh.cbit2002
Hello all, Greetings..
Please can you give your honest opinion if I am eligible for ILR and can I make a successful approval?

Here are the important dates-
I have landed in uk on -04/10/2008 on T2 ICT
left uk on offshore assignment (for the same company and same project) on 15/10/2011.
I travelled back to uk on 19/11/2012...on the same visa (as my visa was still valid)
Since then am working in uk for the same company same project.
No where there are other gaps.
I have seen some sites technically calculating the continous period.

Re: Apply ILR with a single Gap

Posted: Sat Jun 28, 2014 1:29 am
by vinny
If you had been outside of the UK for over a year, then it's likely that your continuous residence had been broken (245AAA).

Re: Apply ILR with a single Gap

Posted: Sat Jun 28, 2014 5:39 pm
by manci
Under current rules, as continuity has been broken, the 5 year qualifying period re-started on (approx.) 21/05/2012 and you will be eligible to apply for ILR 28 days before its 5th anniversary, i.e. in April 2017, provided that at that time you will have met all the requirements.

Re: Apply ILR with a single Gap

Posted: Sat Jun 28, 2014 9:06 pm
by santosh.cbit2002
Thank you for replies.

I have been in touch with some immigration advisors.
They tell that there is a chance that i can get ILR ...as they split the period 2008 till 2014 into consecutive years ..such that no two has a gap of more than 180...

They say they have dealt such cases...

Am not sure if I really take that risk?
Should I consider switching to T2 general rather than going for ILR..?
I have no plans to settle in UK... all I need is some 3 years contracting...

Please suggest your views...am in bloddy dilema...and disappointment..thank you

Re: Apply ILR with a single Gap

Posted: Sat Jun 28, 2014 10:33 pm
by manci
read p19:
https://www.gov.uk/government/uploads/s ... eriods.pdf
you cannot split a period that is longer than 1 year (15/10/2011 - 19/11/2012) into two periods so that one of them is not longer than 180 days.