ILR after 10 years query

[rv_in_uk]

Dear Experts,

I am seeking your help/advise on my case, since its little complicated from others who are going to file their ILR in 2021 as per 10 years ILR rule.

I came to UK in 2011 on ICT Tier-2 Work Permit (just before the 5 years Rule) and since then I am extending my Visa.

Initially 12 months Visa was granted to me, then I extended it for another 2 years in 2012 and then extended for 2 years in 2014 and then extended for 2 years in 2016 and latest extension was done in 2018 for 3 years. I am with same employer throughout these years

However, there is an issue:- I moved to India in early 2016 and submitted the PAYE Form P45 (through my employer) as well.

Later I moved to Australia on work Visa from India in 2017 where I stayed for half an year and came to UK in early 2018 through same employer and on same Visa since it was valid till 2018 and submitted Form P60. I extended it after my arrival to UK.

Both India and Australia comes under Commonwealth Countries and I was sent to my home country and Australia by my Employer only to support the projects

Now, since as per the latest ILR rule for Tier-2 work permits - People who came in between April-2010 till March-2011 would be eligible to file ILR in 2021 (next year) but I am not sure since I was out of UK for complete 2 years though I had the same Visa which I am still using.

Can you please suggest if I am eligible for ILR or not; if yes what would be the procedure ?

Thanks in advance

[CR001]

You do not qualify for ILR based on long residence due to your extensive absence. Any single absence of 180 days or more, breaks your continuity of residence.

Moving to a Commonwealth country for the absence is irrelevant.

[rv_in_uk]

Thanks a lot CR001 for your helpful response.

Just one more query -> I entered back in 2018. Does it mean my clock was reset from that point of time and If I continue to work in UK until 2028 - I would be eligible in 2028 only for ILR under this rule ?

Also, if my employer provide an official letter that employed only had sent me to other countries to support/establish the Project - Will it make any difference or there is no way

[CR001]

Just one more query -> I entered back in 2018. Does it mean my clock was reset from that point of time and If I continue to work in UK until 2028 - I would be eligible in 2028 only for ILR under this rule ?

Yes, if you meet all the requirements.

Also, if my employer provide an official letter that employed only had sent me to other countries to support/establish the Project - Will it make any difference or there is no way

Makes no difference. A 2 year single absence is extensive, no discretion could be applied under the long residnece rules which states clearly no single absence of 180 days or more and absence limit of 540 days in the whole 10 years. You fail on both accounts based on what you state.

[poper]

Thanks a lot CR001 for your helpful response.

Just one more query -> I entered back in 2018. Does it mean my clock was reset from that point of time and If I continue to work in UK until 2028 - I would be eligible in 2028 only for ILR under this rule ?

Also, if my employer provide an official letter that employed only had sent me to other countries to support/establish the Project - Will it make any difference or there is no way

Or switch to Tier 2 General and apply in 5 years time from your switch

[rv_in_uk]

Thanks again Char (CR001) for the helpful and informative response. Thanks poper for the hint but it is difficult through my employer

[poper]

Thanks again Char (CR001) for the helpful and informative response. Thanks poper for the hint but it is difficult through my employer

By switch to Tier 2 General I meant switching to a new employer