Immigrationboards.com

ravi_ei wrote:Hi KVP,

Did you apply for a new entry clearence from your country when you applied Tier 2 ICT or was that an extension inside UK?

Thanks

KVP wrote:2) After 14 months absence from UK but before expiry of WP (ICT) I applied for entry clearance under Tier 2 (ICT - Established Staff) from India in Sep 2010 with the same employer.

Raj143143 wrote:Hi KVP,

Congratulations on your ILR,

Do you have any idea how they calculated the 5 years continuous & Qualifying period for your ILR ??

joshk wrote:Hello KVP


This was very help indeed !.

Looking at your case and the comments above , I believe your stars need to align together with the appetite to take risk

I've got a similar case ...

following are the details

Sep 2008 - Sep 2010 WP Visa
August 2010 - August 2012 Tier 2 ICT Established staff (applied from India and previous valid visa was striked out when they issued the new Visa )
BRP Card since August 2012 up till now

Travel stamps history
====================
1) Sept 2008 till April 2009
2) Outside UK from April 2009 to Sep 2010 , ie 1.5 years but had valid Visa
3) Came back on Tier 2 ICT Established staff in Sep 2010 and stayed till December 2010
4) 180 days in a year period again broken
5) Came back again on same visa in December 2011
KVP: I hope the absences are within 360 days, if so, then you can do application by splitting the absences into <180 in each year.
Have continuous stay since December 11th 2011 till now on Visa + various BRP extensions from UK

So I also has a valid Visa always , from Sept 2008 - uptill now (I hope you are with Same employer throughout your absences and now)

My questions to you
1) which category did you apply under ?
was that Work Permit holder or Tier 2 Migrant ?
KVP: Tier 2 migrant

2) I assume you gave the first entry date for considering you application for ILR as JUly 2010 ? and not your original entry - OCt 2008 ? and made no mention of this in the immigration history?
KVP: I gave original Date in 2008. I believe this has to be the very first date of entry in UK. As you may be aware, UKBA can see all your immigration history even if you mention or not mention

3) I assume you also had this question in SET (O) form , but this is where you did not have sufficient documents from the Employer(s) ?
"6.3 What evidence has been provided to support the reasons for all absences from the UK?"
KVP: However I have attached latest CoS and a (Parent visit visa) Reference letter from my current employer. I didn't mention / explain anything.. However I was ready to explain if there is any question by caseworker.

4) In Set (O) form personal history question 7.13 , it again asks about how long you lived in UK and reason for any absence of more that 6 months from UK .
* How did you tackle this section ? did you give all the absences including your 1.4 years absence ,but did not have letter from Employer ?
KVP: As I mentioned in my original post, I didn't get any reference letter from my Employer A explaining about my absences. I have mentioned like I was working at offshore location during my absences.

5) Do you know which areas in Set(O) form gets the most focus while case worker decides the application ?
is it the immigration history or is it the Personal details absences ?
KVP: I guess both.

I would suggest you to go via a solicitor, you may not want to explain anything extra which could raise an element of doubt for caseworker. I actually have gone through a solicitor, however I remember what he had mentioned in the application

thanks in Advance
Josh

mspr335 wrote:Hi KVP ,

can you please send your emailid /contact details to my email xxxxxxxxxxx. My case is something similar to you and have few queries please .

mspr335 wrote:Hi KVP ,

can you please send your emailid /contact details to my email xxxxxxxxxxx. My case is something similar to you and have few queries please .

Srija wrote:Hi All,

Thanks KVP for directing me here. I also have kind of same situation - left UK in June 2010 and returned after 5 months with a new visa though previous visa was not expired, however my employer had informed UKIV about my leave.

Please let me know your experience (pass or fail) on this path, that will give me confident to proceed further with 3500£ (Premium fee + Agency fee 1200£) worth operation . Thanks everyone for giving such a extra ordinary support on this forum.

Kind Regards,
Sri

mspr335 wrote:Hi KVP,

- Entry Clearance on Work Permit valid from 02 April 2007 to 02 April 2009 .entered UK on 27th May 2007.
- Extension in UK : Issued on 28 April 2009 to 16 April 2011 as Tier 2 Migrant - Left UK on 22nd November 2009
- Entry Clearance as Tier 2 Established Staff on 31st March 2011 (visa valid from 20th April 2011 to 17 May 2014 ) - Entered UK on 28th May 2011 ( I was away from UK for 550 days : 22nd- Nov 2009 to 28th- May 2011)
- Extension in UK and BRP visa valid from 18-06-2014 to 31 May 2016
- Switched to Tier 2 General in February 2015 and visa valid till February 2018.

a) what is the min salary requirement for ILR ?
b) in the Set-O application what would be the date for 6.1 (is it 27th May 2007 or 28th May 2011)
6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.