Eligibility for ILR

Hello Gurus,

I have a query regarding the eligibility for ILR.

History -

July 2006 - July 2007 (Work Permit, location - UK)
July-2007 - July 2008 (Work Permit extended, sent to India for 2 months, August 2007, Sept 2007 (paid in India))
Moved to HSMP (2 years) in Mid-Sept, 2007, Returned to UK 22, Dec, 2007 (break of 2 and half months)
Extension to Tier 1 completed in 2009, FLR granted till Sept 2012. (straight case, always employed once on HSMP, points fine)

My question

Does my initial workpermit year count towards ILR? I am not planning to spend more than 450 days out of UK but worry is the 2 months (paid) employment in India, followed by 2 and half months of break. (This totals to around 135 days). However, I was always on a valid visa with no breaks and initial 2 months were part of business.

Am I eligible by 5 years clause, in July 2011?

Please seniors, let me now what you think?

Does my initial workpermit year count towards ILR? I am not planning to spend more than 450 days out of UK but worry is the 2 months (paid) employment in India, followed by 2 and half months of break. (This totals to around 135 days). However, I was always on a valid visa with no breaks and initial 2 months were part of business.

You do qualify for ILR in July 2011.

BUT, you need to have all documents in relation to gaps in employment.

Cheers

I meant gap in UK (not employment as I mentioned earlier).

hello,

when u switched to HSMP you were in india so might have taken entry clearance again on HSMP if thats the case that will reset your clock .

Deep..

when u switched to HSMP you were in india so might have taken entry clearance again on HSMP if thats the case that will reset your clock .

I don't agree. Please read the original post again. The individual was on work permit and out of UK on work which means legally in the system. When one switches to HSMP, clock only resets if you are out of the country and not on any valid visa.

Hope this is clear.

Thanks for your reply.

Here, as mentioned, I was on Work-permit when in India, but I did move to HSMP and applied for entry clearance before coming back. As I understood at that time, once I was on HSMP, my work-permit was invalid and hence applied for entry clearance.

I left my employer who did my work-permit while in India (after getting HSMP) and got a new job after coming back to UK.

Please clarify, do I still make it in 2011?

Thanks again.

I suspect that because you were paid in India during those two months, your WP was not valid anymore.

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YesNoYes wrote:Hello Gurus,

I have a query regarding the eligibility for ILR.

History -

July 2006 - July 2007 (Work Permit, location - UK)
July-2007 - July 2008 (Work Permit extended, sent to India for 2 months, August 2007, Sept 2007 (paid in India))
Moved to HSMP (2 years) in Mid-Sept, 2007, Returned to UK 22, Dec, 2007 (break of 2 and half months)
Extension to Tier 1 completed in 2009, FLR granted till Sept 2012. (straight case, always employed once on HSMP, points fine)

My question

Does my initial workpermit year count towards ILR? I am not planning to spend more than 450 days out of UK but worry is the 2 months (paid) employment in India, followed by 2 and half months of break. (This totals to around 135 days). However, I was always on a valid visa with no breaks and initial 2 months were part of business.

Am I eligible by 5 years clause, in July 2011?

Please seniors, let me now what you think?

I don't think that your initial period will count towards to ILR. Because your absence exceeded more than 90 days. Forget about your employment and switched over to another visa, If you would have returned to UK within 90 days you would had no gap on your residency.

Thanks for feedback.

However, the more I read about this rule, I see more opinions on its interpretation.

Here, If I get a letter from previous employer stating that Aug,Sept was business then that leaves me with only Oct,Nov,Mid-Dec < 90 days. As I understand, Business leaves are not considered under Absence. And from all I read in various forums, letter from employer is the proof needed to certify business.

Yes, I do have valid P60s for all years, just in case they make some difference here.

Also, Is there a link to 180/90 days rule for ILR.?

Some posts on various forums suggests this is a grey area and mostly depends on case worker's interpretation of 'continuous stay in UK'. Few members suggest that 200 days is taken as benchmark OR all depends on if you could prove that you were actually on valid visas and active in UK.

Please guide.

YesNoYes wrote: Here, If I get a letter from previous employer stating that Aug,Sept was business then that leaves me with only Oct,Nov,Mid-Dec < 90 days. As I understand, Business leaves are not considered under Absence. And from all I read in various forums, letter from employer is the proof needed to certify business.

Maybe your WP was a ICT. This would explain why you were paid in India.
My inderstanding of business leaves is that you are paid in UK (and of course pay tax in UK) during those absences.
So if you were not present in the UK, not working in the UK, not paid in the UK, not paying tax in the UK, I can't see how you will claim continuity of residence.
Just my opinion.

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I don't agree. Please read the original post again. The individual was on work permit and out of UK on work which means legally in the system. When one switches to HSMP, clock only resets if you are out of the country and not on any valid visa.

Now. You got me wrong on this.

Reading this further, you do not qualify for ILR in July 2011. Others including Deep4ILR are correct on this.

Cheers

YesNoYes wrote:Thanks for feedback.

However, the more I read about this rule, I see more opinions on its interpretation.

Here, If I get a letter from previous employer stating that Aug,Sept was business then that leaves me with only Oct,Nov,Mid-Dec < 90 days. As I understand, Business leaves are not considered under Absence. And from all I read in various forums, letter from employer is the proof needed to certify business.

Yes, I do have valid P60s for all years, just in case they make some difference here.

Also, Is there a link to 180/90 days rule for ILR.?

Some posts on various forums suggests this is a grey area and mostly depends on case worker's interpretation of 'continuous stay in UK'. Few members suggest that 200 days is taken as benchmark OR all depends on if you could prove that you were actually on valid visas and active in UK.

Please guide.

Here is the link for 90/180 days rule

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I don't think that you can get away by showing the 2 months on the business trip. You can try with letter from the employer confirming that the 2 months for business trip. But it is not guaranteed, you may lose your money. Your case clearly shows that the break in the residency, but you can give a try. If it is successful you get ILR, else you prepared to lose money.

Thanks all. Makes sense