Immigrationboards.com

Hello Experts,

My case may be a bit complicated (at least for me), and I'm seeking urgent help.
Since I've held multiple visas during my tenure in UK, I would like to highlight them in 4 key stages.

Stage 1 - 03Sep2012 to 12Jan2014 >> In UK with Tier 2 ICT. Departed from UK on 12Jan2014 due to the completion of my Project work in UK. ICT Tier 2 visa validity from 20Aug2012 to 10Jun2015.
Stage 2 - 12Jan2014 to 19Jun2014 >> In India applying for Tier 2 PBS Dependent of my spouse who was employed in UK with Tier 2 General visa. Obtained PBS dependent Visa valid from 19/05/2014 to 14/05/2017. Travelled to UK on 19Jun2014.
Stage 3 - 19Jun2014 to 26Sep2016 >> Worked for multiple employers with Tier 2 PBS dependent.
Stage 4 - 26Sep2016 >> Obtained a Tier 2 General visa valid till 16Oct2021.

Under normal circumstances, I planned to apply for ILR in Oct2021 post 5 years of being on Tier 2 General visa.

However, now, I am planning to change employment to be an independent contractor. Hence, I plan to switch my visa to a family visa linked with my spouse's ILR.

My Questions

• With a family visa, I am assuming I should be able to work in UK as an independent contractor (or be an employee of any UK based company). Am I correct?

• Now, I plan to apply for my ILR immediately after the 03Sep2022 via the "long residence" route. During Stage 2 above, since I was in India, applying for a PBS Dependent visa, can this period also be considered as a part of continuous residence (since the gap was less than 180 days out of UK)? Since my project finished on 12Jan2014 and I moved out of UK, I'm not sure if this has any impact on my ICT Tier 2 visa validity end date.

• If the answer to question 2 is "NO", then, is my only option to apply for ILR would be after 10 years from 19Jun2014. Is that correct? FYI, by this time, assumption is that my spouse and kids would be UK citizens. If not, is there any other route for ILR?

Thank you very much in advance for your support.

1. Correct yes.

2. Yes as you left the UK with a valid visa and retuned within 180 days.

CR001,

Thank you very much for your prompt response!

A follow up question based on the 540 days rule under Continuous Residence.
What I understand is that over the period of 10 years, the applicant should not have been out of UK for more than 540 days.
In my case, I may violate this requirement because over the last 4 years, I have travelled a lot out of UK for official purposes.

My question - during my application, if I provided a reference letter from the employer, stating the reasons of my travel outside UK, would I have a higher chance of obtaining my ILR even though I have violated the 540 days rule?

Thanks!

What I understand is that over the period of 10 years, the applicant should not have been out of UK for more than 540 days.
In my case, I may violate this requirement because over the last 4 years, I have travelled a lot out of UK for official purposes.

The 540 days absence is strictly applied by UKVI, there is no discretion.

My question - during my application, if I provided a reference letter from the employer, stating the reasons of my travel outside UK, would I have a higher chance of obtaining my ILR even though I have violated the 540 days rule?

No, highly likely you will be refused and lose your fee. Many members have been refused even for exceptionally compassionate reasons absence exceeding the 540 days.

The 540 days requirement is quite strict and discretion is rarely exercised.

That was a very useful info to make a decision for me.

So, if I planned to apply for ILR in Oct2021 post 5 years of being on Tier 2 General visa, the 180 days per year rule would come into picture (not the 540 days rule). In this case, even though I violate the 180 day rule, the employer support letter justifying the reason for absences (official purposes) would favor my ILR application. Am I correct?

Thanks again for your very quick responses.

The 180 days rules is also rarely disregarded by UKVI. It is there for a reason.