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On calculating the 5 years, I am not sure about my eligibility. All my time abroad are "business trips" and "paid annual leave", so my actual absence should be 0.

So I should have a "5 years continuous residence", on 2 WPs and current Tier 1, instead of the "Discretion" item, right?

But I have 2 gaps between jobs, while I am in UK (not abroad). The first job ends in January 2006, I got an offer in April, the new WP was issued in June, and I started the second job in July. This is a 6 months gap.

The second job ends in April 2009, I applied for Tier 1 in April, and Tier 1 was issued in July. I got the offer of the 3rd job in October, and started in November. This is another 6 months gap.

For my situation, with continuous "residence", but not continuous "employment" (which is stated in the "Discretion" item), am I eligible for ILR?

Many thanks for any suggestions.

3. CALCULATION OF THE FIVE YEAR PERIOD FOR
SETTLEMENT
In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.
3.1. Discretion in cases where continuous residence has been broken

In summary, with continuous "residence", but with two 6-month gap in "employment" (which is only in the "Discretion" item), am I eligible for ILR please?

Thanks for any suggestions!

As you are in WP visa category, it could be different compared to Tier 1 or HSMP. So, better consult a professional or an expert.

My understanding is that the moment you resign from a company which ha offered WP (within a certain period of time), your VISA expires, as one cannot stay in UK when you loose WP status. This a break in residence and not on paid holiday etc. (this is my understanding)..

Others pls correct me if i'm worng..

lionfly wrote:On calculating the 5 years, I am not sure about my eligibility. All my time abroad are "business trips" and "paid annual leave", so my actual absence should be 0.

So I should have a "5 years continuous residence", on 2 WPs and current Tier 1, instead of the "Discretion" item, right?

But I have 2 gaps between jobs, while I am in UK (not abroad). The first job ends in January 2006, I got an offer in April, the new WP was issued in June, and I started the second job in July. This is a 6 months gap.

The second job ends in April 2009, I applied for Tier 1 in April, and Tier 1 was issued in July. I got the offer of the 3rd job in October, and started in November. This is another 6 months gap.

For my situation, with continuous "residence", but not continuous "employment" (which is stated in the "Discretion" item), am I eligible for ILR?

Many thanks for any suggestions.

3. CALCULATION OF THE FIVE YEAR PERIOD FOR
SETTLEMENT
In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.
3.1. Discretion in cases where continuous residence has been broken

if yr first employer have not informed about yr job end before u got 2nd offer u should be ok

but in reality trasury lost paye and a strict sense first employer not met condition of workpermit the result are adverse