PR eligibility when change of WP on intercompany transfer

shishir30 wrote:Hi,


I am going to complete 5 years of stay in UK on 15th April and want to see if I am eligible to apply for settlement in UK as there's is change of visa twice.

Below is the summary of my visits in and out of UK and would appreciate if someone could help me in understanding my position on application success.



- I was employed in an IT company in India and first came in UK on Work Permit (on intercompany transfer) on 14/04/2005

- Then I Left UK to India (intercompany transfer) on 18/12/2005

- Again I came back to UK from India on same WP as above (on intercompany transfer) on 19/01/2006

_ so Number of days I was out of UK this time is 22 days


- When I was in UK, my WP got extended in UK for another year but I left UK to India (on intercompany transfer) on 09/09/2006

- Although my extended Work Permit was still valid but for coming back to UK, my company (same company for which I was working during above period) has to apply for new WP.
the reason is when I left UK to India last time (i.e on 09/09/2006), they notified high commission about my company transfer due to which WP was cancelled.

- So I came back to UK on NEW WORK PERMIT (intercompany transfer) on 29/10/2006

- No of days I was out of UK this time is - 50 days (Excluding difference mentioned above).

- I left UK again to India (intercompany transfer) on 15/04/2007 and again my company notified High commission about intercompany transfer, so I believe my work permit would have been cancelled.

- During my above stay in UK, I applied for HSMP and I got approval letter when I was in UK only. But I got HSMP visa stamped in India as I got transfered soon to India as mentioned above.

- I resigned from the company in India and this time came to UK on 14/06/2007 for working with new employer. Note : - Till this point I was working for same company only.

- No of days I was out of UK this time is - 60 days (Excluding difference mentioned above).

I think this point will make big difference in getting ILR as ur out of UK for 60days without a visa(assuming your WP was cancelled). I think u need to wait for 5yrs from this date to gain ILR.

My suggestion is email HO and wait for reply. In mean time get advice from couple of immigration solictors as well.
- Since then (i.e 14/06/2007) I am here in UK working for different companies on HSPM visa which is converted/extended to Tier 1 migrant in June 2009.

- I have gone out of UK to India and European countries few times for holidays none of which exceeding 30 days at a stretch.

- Total number of days out of UK in last 5 years on holidays are: - 73 days

- Total number of days out of UK in last 5 years on intercompany transfer are: - 132 days

- Thus, total number of days out of UK (including holidays and intercompany transfer as mentioned above) are: - 205 days

- In last 1 year, I have been away from UK for just 22 days on holidays.


Please could you help me in understanding my eligibility and probability of getting through PR.



Thanks.
Shishir

sushdmehta wrote:The issue(s) in your case could probably be 'coz of the two times your WP leave to enter / remain were terminated while you were outside UK and new ones issued. Though not certain, but this might have reset your ILR clock. This said, it seems that new WP leave (in both cases) was granted within 28 days of termination of earlier leave, which might be a saving grace. Moreover, you were (in all probability) without valid leave to enter/remain before you applied for EC as HSMP migrant in India.

regards

sushdmehta wrote:What the applicant needs to prove is that the "continuity of residence in the UK has not been broken", therefore visa stamping (days in between) might not be of relevance here.

Applying for (and being granted) a new WP / WP extension from outside the UK may be, IMHO, viewed differently from a new WP / WP extension applied for (and granted) while remaining in the UK.

regards

gd_chandrasekar wrote:Do you think I need to specify this when I apply for ILR in the PEO / case worker or just leave it?

sushdmehta wrote:

gd_chandrasekar wrote:Do you think I need to specify this when I apply for ILR in the PEO / case worker or just leave it?

Whether mention this in your application or not, UKBA is already aware of your entire immigration history.

The question that remains (which I am unable to answer) is whether EC from outside the UK on the basis of a new WP with same / different employer is considered a break in residence or not.


regards