Tier-2 ILR - 80 days of Unpaid absense

[Bhaskar101]

Hello Gurus & Experts


I entered into UK on 14-08-2010 through Tier-2 work permit multiple entry visa which was processed on 09-Jul-09 (expires on Jul-11).

I went back to India on 25th Dec-10 (was working on secondment at the Indian entity for that period on the same work carried out here in UK) and received p45 in Dec-10.

I came back to UK on 20th March-2011 (less than 90 days) on the same visa but during this period (26th Dec-10 to 19th March-11) I didn’t get any UK salary (Was paid in India) and extending the same visa then onwards.

The total number of days outside UK are less than 180 (including the above mentioned 85 days) and will get supporting letters for my holidays except for those 85 days.

Am I eligible to apply for ILR in Aug-15 or need to wait till March-16?

Thanks in advance for your help.

Many Thanks,
Bhaskar

[manci]

T2 ICT migrants can be paid either in the UK or abroad. As long as you were on an overseas assignment and continued working for your sponsor, were paid the salary stated in the CoS and didn't exceed the absence limits for ILR, the Dec 10 - March absence didn't break continuity.

[Bhaskar101]

Hello Manci,
Thanks for your mail.

I was paid indian salary not in UK. I was not paid in UK and received p45 in Dec-10.

I dont know whether i can apply for ILR in July-15. Do you have any idea?

[manci]

You received a P45 in Dec 10. Did your sponsor not report the termination of your employment to the HO and was your leave not curtailed?

When you were working in India Dec 10 -March 11 were you paid the salary specified in the CoS irrespective of the currency?

[Bhaskar101]

Yes.. I received p45 in Dec-10 and I think my sponsor didnt reported the termination to HO.

During Dec-10 to Mar-11 I was worked in India and was paid indian salary (not salary mentioned in Cos).

Fyi.. My initial visa was multiple entry visa..

[manci]

IMHO -
If your employer issued you with a P45 but didn't report to the HO the termination of your employment and departure from the UK in Dec 10 they were in breach of their sponsor duties for which they could be penalised. Even though you had T2 ICT leave you were in fact not a sponsored worker until you returned to the UK and were re-employed by your sponsor, i.e. continuity was broken. Suggest you only count the 5 year qualifying period from your return to the UK in March 11.

[stanza123]

by manci » Fri Jul 03, 2015 7:25 am

IMHO -
If your employer issued you with a P45 but didn't report to the HO the termination of your employment and departure from the UK in Dec 10 they were in breach of their sponsor duties for which they could be penalised. Even though you had T2 ICT leave you were in fact not a sponsored worker until you returned to the UK and were re-employed by your sponsor, i.e. continuity was broken. Suggest you only count the 5 year qualifying period from your return to the UK in March 11.

As per Manci suggestion please count your qualifying period from March 11 so that your track record will be good.

[gauravrajwanshi]

bhaskar,

my case is similar like you. Did you manage to get ILR? If yes please share your experience.

Rav

[gauravrajwanshi]

Manci,

I was also sent for overseas assignment and was paid there for 2 months. however amount was equivalent to my Uk salary.

Will it work in my favour

Regards
Rav

[gauravrajwanshi]

hi guys,

please spare some time and share your valuable comments on my post

[superhulk]

IMHO
as per this guide page 23 of 33

Employment outside of the UK
If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken. Absences due to employment, whether related to the applicant’s job in the UK or not, count towards the 180 day maximum each year.

so if you are employed outside UK for less than 180 days in 12 month period then you should be ok.
Experts may correct me if I have misinterpreted it.