ILR Eligibility. Initial Entry on Tier2 switched to T1

[tripas33]

Hello Guys,

I have explored the topics but did not find a matching case. It would be of great help if you can provide your expert advice on my case for application of ILR. Many Thanks.

I entered UK on Tier-2 , Sponsored WP in Nov 2008. The visa was processed by a IT company and was obtained outside UK. I switched to Tier-1 visa and got an initial visa of 3 years from , November 2009 to November 2012.
I did not switch the job after obtaining the Tier-1 visa and was working for the same IT company. I had to go back to home country for executing the same project from offshore , I returned India in January 2010 and was working on the same project till November 2010. I came back to UK in November 2010 on Tier 1 visa and since then working on Tier-1 . Recently I got a 2 year extension on Tier-1 till 2014. To summaries the periods...

November 2008 -November 2009 --working in UK - Tier 2 WP
November 2009 - January 2010 --working in UK on - Tier 1 visa
January 2010 - November 2010 --working in India for same project. No salary credited in UK.
November 2010 - April 2013 - Working in UK on Tier-1 visa.

Can you kindly suggest does my working in India for the same project but no income in UK breaches the eligibility for ILR after completion of 5 years in Nov 2013 ? I was reading the guidance notes on UKBA site , it says - letter from an employer if your absence was relating to the work , is it something which can help ?

Thanks

Warm Regards,
tripas

[Lucapooka]

Count back in cycles of 364 from the day you intend to apply for ILR. If you were out of the country for more than 180 days in any one of the five annual cycles, you have broken your qualifying residence period.

[tripas33]

Thanks Luca for the reply.

Can the start period be one during which I was not in UK ?

Best Regards,

[Lucapooka]

You mean the start of the first year in the five under consideration (assuming you are counting forward to the date of application rather than back, as suggested)? Yes.

[tripas33]

You mean the start of the first year in the five under consideration (assuming you are counting forward to the date of application rather than back, as suggested)? Yes.

Hello Lucapooka,

I had a gap of 10 continuos months wherein I was out of UK.
The absence was from January 2010 to November 2010. Hence I have split this gap in 2 to avoid violating 180 days threshold. I am counting years of stay from June to June.

Year 1 --June 2009 to June 2010 ( 165 days out of UK . Got letter from company saying was working from offshore. I switched to Tier-1 General in Nov 2009)
Year 2 --June 2010 to June 2011 ( First 164 days of the year were out of UK.Got letter from company saying was working from offshore.I was on Tier -1 General for this duration)
Year 3 --June 2011 to June 2012 ( 45 days of absence)
Year 4-- June 2012 to June 2013 ( 51 days of absence)
Year 5-- June 2013 to June 2014 ( 42 days of absence )

Do you think I am fit to apply in June 2014 ?

Many Thanks,
Tripas