ILR 10 Years route query under ICT

[ki1246]

Hi,

Could you please advise on below query:
I am currently with ICT visa landed in 2010 December and continuously staying with that visa until today and this year 2020 December I am going to complete my 10 Years but I am struggling to understand whether I am eligible for my ILR in this 2020 December or not due to my Gap, could you please kindly advice?

1. In my 9 years so far I am 350 days out
2. In 2013 I had below gaps:
2013 from Jan to May -- Outside UK for 140 days (Which is less than 180days)
2013 from May second week to June first week --- Inside UK -- 20 Days
2013 from June second week until October I am Outside UK for 120 days (which is also less than 180 days)

So I am not clear on my gaps in 2013, in Full year I was out more than 180 days but its not a time, in 2 different intervals, each interval had a gap less than 180days and I am with Tier 2 ICT visa, when Can I apply my ILR in 2020 December or do I need to apply after my first gap served i.e on 2021 April, not sure whether MY ICT will impact this rule, could you please advise when I can apply My ILR, thanks

[zimba]

SET(LR) has only two absence requirements:

1: NO continuous absence of of more than 6 months anywhere in the 10 years
2: Less than total of 540 days in the 10 years

[ki1246]

Thank you for your reply, someone said, I am under Tier 2 ICT, though I am applying long term route, they calculate the 180 days gap by considering a Full-year rather than at a time and said this rule is recently changed in 2017 somewhere around, does it true?, also from your answer I believe I can apply my ILR after my 10 years landing period completed, please advise? thank you.

[CR001]

Thank you for your reply, someone said, I am under Tier 2 ICT, though I am applying long term route, they calculate the 180 days gap by considering a Full-year rather than at a time and said this rule is recently changed in 2017 somewhere around, does it true?, also from your answer I believe I can apply my ILR after my 10 years landing period completed, please advise? thank you.

Long residence is calculated the same regardless of your visa route. No single absence of 180 days at any time.

What you are referring to is for ilr based on 5 years residence and NOT 10 years long residence.

You qualifying period for ilr LR starts from date you arrived in the UK.

[ki1246]

Thank you so much for your valuable advice.

[ki1246]

Hi,

I have contacted one of the solicitors, he is saying that the rule for 180 days gap was changed in 2018/19, the gap should not be more than 180 days in a Year, not at a time for 10 Years ILR route, does it true?, if this is the case am I not be eligible to apply after my 10 Years completed in UK?, please advise, thank you.

[CR001]

Hi,

I have contacted one of the solicitors, he is saying that the rule for 180 days gap was changed in 2018/19, the gap should not be more than 180 days in a Year, not at a time for 10 Years ILR route, does it true?, if this is the case am I not be eligible to apply after my 10 Years completed in UK?, please advise, thank you.

He is talking nonsense. If this is what he claims, and I hope you didn't pay for such lousy advice, ask him to give you the official UKVI document reference.

The rule that changed on 11th January 2018 is ONLY for those applying for ILR through the 5 year PBS route and NOT long residnece.

There has been NO change to the rules for long residence ILR absences and absence calculation. This is clearly documented in the guidance and immigration rules for long residence ilr.

[ki1246]

Thank you so much for your help on understanding this, even myself I explored a little bit with my limited knowledge on this subject, everywhere in Gov.uk and other websites, have seen the same rule its calling where everywhere as "180 at a Time", not a Year but don't know what their intention, they are asking for a consultation to check this with them, I didn't pay anything as this is a little advice, I am clear on my case, except the above gap,I don't have any other Issues, even there is nothing to look in, which is so clear.

You guys are so helpful and so trustworthy, we all are really thankful to you for your kind help throughout our Journies, once again Thank you so much.

[zimba]

Thank you so much for your help on understanding this, even myself I explored a little bit with my limited knowledge on this subject, everywhere in Gov.uk and other websites, have seen the same rule its calling where everywhere as "180 at a Time", not a Year but don't know what their intention, they are asking for a consultation to check this with them, I didn't pay anything as this is a little advice, I am clear on my case, except the above gap,I don't have any other Issues, even there is nothing to look in, which is so clear.

You guys are so helpful and so trustworthy, we all are really thankful to you for your kind help throughout our Journies, once again Thank you so much.

Here is the official long residence guide: https://www.gov.uk/government/publicati ... -residence
Here are the rules covering the long residence ILR: https://www.gov.uk/guidance/immigration ... categories

There is no such absence requirement apart from what I covered above

[ki1246]

Hi,

I am under ICT visa, my employer put me in NI Category X due to we merged into another company, new merged company is paying his tax and I am paying my tax but my employer is not paying NI, would this cause any problem for my ILR under 10 years route, if yes, if we pay the NI at the time of ILR application, would the application will get through or do we get any Issue, Please advise?, Regards.

[zimba]

Hi,

I am under ICT visa, my employer put me in NI Category X due to we merged into another company, new merged company is paying his tax and I am paying my tax but my employer is not paying NI, would this cause any problem for my ILR under 10 years route, if yes, if we pay the NI at the time of ILR application, would the application will get through or do we get any Issue, Please advise?, Regards.

If all tax obligations are met lawfully then there is nothing to worry. It is your employer's duty to ensure correct taxes are paid

[ki1246]

Hi,

This merging has happened due to Covid 19, my employer has sold the company to another company so we moved under it, not sure why the tax code and ni category changed to another one, would this cause any problem or can we specify this has happened due to Covid 19, thank you.

[ki1246]

Not sure, due to we need to provide any additional documentation.

[zimba]

Leave this to them to sort out

[ki1246]

Thank you, also my extensions are happen in Delhi in the below years, each extension I had a break of 1 month and in Total, I was out: 350 days, if the extensions happened in India would this cause any problem or does is there any requirement the extensions should happen in the UK only, please advise.

The First Extention happened --> 33 break
2013 November

The Second Extention happened --> 25 days break
2015 November

The Third Extention happened ---> 32 days break
2018 November

[ki1246]

Sorry, due to some reason the query was not added hence adding again.
Also, I have checked my back to back previous Payslip's, after each year extension my National Insurance category was updated with X and then it's moved to A, not sure why, also my Tax code showing differently for 2 years, these all are done by my Employer, does this cause any problem for ILR, thank you.

[zimba]

If you left the UK with a valid visa and returned with a new entry clearance within 6 months, then it is ok.

Regarding NI I repeat what I said above:

If all tax obligations are met lawfully then there is nothing to worry. It is your employer's duty to ensure correct taxes are paid