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ILR queries | Left UK for almost six months

This is an area for the discussion of matters related to issues about moving from one country to another. Examples could be about money transfer, moving and packing, validity of driving licence, etc..

It is not a general non-immigration, free-for-all area.

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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nishi
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Posts: 6
Joined: Mon Jan 20, 2014 11:16 am

ILR queries | Left UK for almost six months

Post by nishi » Mon Jan 20, 2014 11:27 am

Hi,
I am on a Tier 2 Intra Company Transfer visa which was issued in March,2010 (later extended in <date or month/year> for 2 years ) . I made my first Entry Clearance on 24th March,2010 and stayed in UK for 3.5 years till Sep 2013, apart from few trips back to India.

I had to return to India in Oct, 2013. I don't want to lose the opportunity of getting the ILR. I have few questions regarding this which will help me in deciding how long I can stay back in India without losing the chances to get the ILR.

1. Will I be eligible for PR in UK if I stay outside UK for more than a year? What else can make me ineligible for PR in my case.

2. I have heard that to be eligible for PR, I should not stay out of UK continuously for more than 6 months, is this correct?
If I travel for a week to UK before 6 months, will I be still eligible for my ILR .

Thanks a lot in advance for the help.

vinny
Moderator
Posts: 32781
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR queries | Left UK for almost six months

Post by vinny » Mon Jan 20, 2014 11:51 am

1. No (245AAA).
2. Correct (245AAA). To qualify for ILR under Tier 2 (ICT), you have to satisfy 245GF.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

nishi
Newly Registered
Posts: 6
Joined: Mon Jan 20, 2014 11:16 am

Re: ILR queries | Left UK for almost six months

Post by nishi » Wed Jan 22, 2014 10:13 am

Thanks for the reply!

I have lived in UK for 3.5 years. I am currently out of UK for 4 months now.

Please suggest the logic of calculating "Continuous 5 years in UK" for my visa category Tier 2 ICT [first got in March 2010]
I understand that one should not be outside UK for "continuous" 6 months, is it right?
OR does the calculation of 6 months is a summation of all the leaves you have taken in an year in any month randomly?

Also please suggest If I visit UK before end of 6 months can I again stay out of UK for less than 6 months in the next year since I understand that the rule says 6 consecutive months in an year?

vinny
Moderator
Posts: 32781
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR queries | Left UK for almost six months

Post by vinny » Wed Jan 22, 2014 10:30 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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