ILR - Am I eligible or should I wait !? HELP !!

[coventried79]

Hi everyone,
I have been in this country since July 2008 and wish to apply for my ILR soon.
However I had a 'break' in between and want to know whether I have breached the conitnuous 5 year rule OR am I ok to
go ahead with my ILR application?

Would be very thankful if members can help me with my query.

My situation:
Date of 1st Stamp (Tier-2) : March 2008
Date of first entry to UK: July 2008
Worked onshore here via an Indian IT company from July 2008-June 2010 (on my Tier-2 visa)

Converted to Tier-1: March 2010

Went back to offshore (India) in June 2010 (although had my Tier-1 valid till March 2013).

Quit the company after couple of months on August 30th 2010 and arrived in the UK on 1st September 2010 to work for
a new employer.
and from thereon till date I have been in the UK working on my Tier-1 (G) visa.

My question is my 'break' between 15th June 2010- 30th August 2010 where I went back to offshore, will that be considered
as a breach to the 5 year continuous stay OR will it be dis-regarded by the Case worker as I had a valid Tier-1 visa
then?

I am really in a quandary now whether to go ahead with my ILR application OR wait until Sep 2015 to complete a continuous 5 year stay and apply for my ILR..please help !!

[Apam]

You are allowed 180 days per year outside the UK.
If that's still the case, l see no reason not to apply for ilt 2014.

[Mind_The_Gap]

Hi coventried79,

Apam is on the money.

ILR guidance (page 19) - "No more than 180 whole days absence are allowed in any of the five, four, three or two consecutive 12 month periods, depending on the category, preceding the date of the application for indefinite leave to remain (ILR)."

MindTheGap

[coventried79]

thank you both very much for the reply..what caught my attention in the guidance was:

This page tells you when absences will not break continuity when calculating if the continuous period requirement has been met.

If the absences are connected to other employment outside the UK, which demonstrates the UK employment is secondary, these are not permitted absences, and the continuous period requirement is broken.

Where an applicant’s continuous residence period includes time spent as a Tier 2 migrant or a work permit holder, annual leave includes a short holiday taken on conclusion of employment, where the applicant applied to work for a new employer within 60 days of the conclusion of the previous employment. See link on left: Breaks in the continuous lawful period.

Reg pt 1 above, I went back to India in June 2010..my P45 shows that..my last earning was in June 2010 before I joined a new employer in Sep 2010...will that not raise concerns that my absence was connected to employment outside UK and that my UK employment was secondary or did not exist at all?

Sorry I may be over cooking this but the rule is really confusing me