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ILR eligibility

Posted: Mon Aug 22, 2011 2:04 pm
by together365
Hi

Thanks in advance for reading my query and any replies will be much appreciated.

I am trying to apply for ILR but I am not very sure if I satisfy the criteria for the ILR. I am seeking advise on whether or not to proceed with ILR processing.

I am on WP (tier 2) with active status. I have entered UK and working on WP since 24-July-2005. Following are the dates and duration for which I was away from UK and wrking in India. During this period I was not paid in UK but part of same employer (WP sponsored) and working for same customer in UK.

Trip-1: Starting Date: 24-July-2005 End Date: 19-Sep-2006 (15 months) in UK
I was working in INDIA from 20-Sep-2006 until 31-Mar-2007 (6 months). Not paid in UK but with active WP.
Trip-2: Starting Date: 01-Apr-2009 End Date: 08-feb-2009 (22 months) in UK
I was working in INDIA from 09-Feb-2009 until 07-Oct-2009 (8 months). Not paid in UK but with active WP.
Trip-3: Starting Date: 08-Oct-2009 End Date: Current Date (24 months) in UK.

In total I have spent 5 years in UK but not continuously and the overall elapse time was 6 years.

I am not very sure whether I am eligible to apply for ILR (Settlement) and after going through various forums and rules online, I am more confused.

Any help will be much appreciated.

Cheers.

Re: ILR eligibility

Posted: Mon Aug 22, 2011 2:14 pm
by mk357
together365 wrote:Hi

Thanks in advance for reading my query and any replies will be much appreciated.

I am trying to apply for ILR but I am not very sure if I satisfy the criteria for the ILR. I am seeking advise on whether or not to proceed with ILR processing.

I am on WP (tier 2) with active status. I have entered UK and working on WP since 24-July-2005. Following are the dates and duration for which I was away from UK and wrking in India. During this period I was not paid in UK but part of same employer (WP sponsored) and working for same customer in UK.

Trip-1: Starting Date: 24-July-2005 End Date: 19-Sep-2006 (15 months) in UK
I was working in INDIA from 20-Sep-2006 until 31-Mar-2007 (6 months). Not paid in UK but with active WP.
Trip-2: Starting Date: 01-Apr-2009 End Date: 08-feb-2009 (22 months) in UK
I was working in INDIA from 09-Feb-2009 until 07-Oct-2009 (8 months). Not paid in UK but with active WP.
Trip-3: Starting Date: 08-Oct-2009 End Date: Current Date (24 months) in UK.

In total I have spent 5 years in UK but not continuously and the overall elapse time was 6 years.

I am not very sure whether I am eligible to apply for ILR (Settlement) and after going through various forums and rules online, I am more confused.

Any help will be much appreciated.

Cheers.
Since you have spent over 90 days outside UK on 2 occassions and not paid in UK its would be very difficult to get ILR. Were you employed by the same UK company when you were in India or a different company. I am not sure how could your employer support your case if it is one employer, my advice would be to consult a good immigration lawyer.

Posted: Mon Aug 22, 2011 2:57 pm
by together365
Thanks for quick response. I am working for a UK company through an Indian Company. When I was in India was working for same UK company but not paid in UK since my employment is actually withan Indian Company.

I would like try immigration lawyer to see if I can process my case? Any reference?