ILR Application Eligibility Check - No NI for 2 years

[varunchadha2583]

Thanks Argus. Seems it all depends on luck now. I will try to take a date for appointment once I am back from India.

Just one query, what did you mean above when you said :- 'Check with your employer'

[argus7]

Get a letter from both UK and India employer that in that absence period you were required to work abroad.

[varunchadha2583]

Thanks Argus, I have the letter from Indian Employer who was also my employer in UK at that time but I will try to get one from the client I was based at as it is my current employer.

[varunchadha2583]

Hi Argus and Seniors,

Need answer to another question on my case above.

If I apply after 20th June, 2010 would that be helpful? The reason for that is if my continuous period was broken and time period from Jan to May 2010 was not counted, can it be counted from June 2010 as my visa or ICT was stamped in Jan 2010?

So my query is I had a break in continuous residency due to my absence from 15 March 2010 till 20 Jun 2010, can I apply on the basis of 20 Jun 2010 entry as ICT was stamped from Jan 2010 till Feb 2011?

Kind Regards,
Varun

[varunchadha2583]

Any suggestions please?

[argus7]

well it all depends on the absences and evidence to justify the absence and employment outside UK and reason to be in India.

Its how the CW interprets the absences.

[varunchadha2583]

So Argus does it mean it wont make any difference even if I apply on basis of my 20th June entry or 20th January entry.

The PDF suggests following:-
'No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR).'

So for my 5 years starting from June 2010, I won't have a problem for a valid absence. Only thing is my entry clearance of Jan 2010(i.e. before April 2010) which I want to be considered and in June 2010 I entered on the same clearance.

Please suggest as I am really confused here that why does CW has to consider the period between Jan 2010 to June 2010?

[varunchadha2583]

Can a senior please help me on my query?

[varunchadha2583]

Any suggestions on my query above?

[chansu2015]

Hi,

Your case seems to be similar to mine, see the link below:-
http://www.immigrationboards.com/indefi ... l#p1154187

It would be good for a senior to please confirm if a second entry with an Tier 2 ICT entry clearance before April 2010 would work or not? Would an initial entry have a problem?

[argus7]

why dont you understand simple things as I said, it all depends on justifications of absences. Can your employer justify leave outside UK or needed to be in India for any purpose.

If leaves are within 180 days in a year and Pg 22 is your answer.

[varunchadha2583]

Argus my query is still not answered. why is Jan - June 2010 duration needs to be considered if I am applying in June 2015. Only think I want to consider is my entry clearance in Jan 2010.

I think you are really confused here as I am no more interested in considering my initial entry I just want to know if I consider June 2010 entry why CW needs to consider the Jan - June 2010 duration?

My query is if my Exit from UK in March 2010 is considered as Break in Continuous Period, can my re-entry in June 2010 act as a fresh start and can I apply ILR on basis of that considering that my entry was on a Tier 2 ICT stamped in Jan 2010?

[ukuserilr]

Varun,

Any update further on your case?

Thanks.

[CR001]

Varun,

Any update further on your case?

Thanks.

http://www.immigrationboards.com/indefi ... l#p1272544