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Permanent resident eligibility

Posted: Tue Oct 01, 2013 2:47 pm
by lakinuk
Hello,

I got my UK (Tier 2 ICT) visa on 21st Apr 2009 in India, but was unable to travel due to personal reasons and was working in India for the same company.
I later travelled to UK for the same company on Jan 2010 and here in UK since then. Please can anyone advise whether I am eligible for PR during April 2014 considering I got the VISA on 21st April 2009. Or, should I wait until Jan 2015 considering my later arrival on Jan 2010.

Many Thanks in advance.
LakinUK

Posted: Tue Oct 01, 2013 4:14 pm
by Damanisshallo
Doesn't matter when you got your visa issued from. Your qualifying period starts from the day you landed in the UK. Having said this, there is a grace period of 90 days which may be considered but this doesn't apply in your case as you've not traveled until 8 months.
Indefinite leave to remain – calculating continuous period in UK @ Page 21 wrote:The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period, as long as it does not exceed 90 days. This can occur if the applicant is delayed travelling to the UK. Provided the period of delay does not exceed 90 days, it will not be counted as an absence.

If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is considered broken.