am I eligible for applying ILR during June 2013?

[STP]

Hi,

Looking for your valuable advise I’m afraid.

Could you please review my below summary and advise me back whether I am eligible for applying ILR during June 2013.

I had my UK work permit processed from company and came to UK along with my wife (dependant visa) on 5th July 2008. For your info - my Work permit was issued with validity from 26th June 2008 till 31st December 2009.

Since my Work permit was going to expire on 31st Dec 2009, during October 2009, I had applied for my work permit extension from UK itself. By the time, the work permit model got changed into Tier(x) categories. So, I had got stamped with “Tier2 Skilled Worker - Intra Company Transfer” (Tier2 [ICT]) visa from 24th October 2009 till 21st October 2012.

During April 2010, I had to return back to India to continue my work from offshore. I travelled back from UK to India on 16th April 2011. And after taking a short vacation in India, I joined my offshore office and started working for the same UK client doing the same job but, from offshore office. However, Due to same client's requirements, I have been asked to come back to UK. So, I travelled back to UK using same visa, for same client on 30th July 2011. (This means, I was out of UK country for 104 days). Please note that I was not getting UK salary during this break period and was getting paid by India payroll.

Now, on 21st October 2012 my Tier2 (ICT) visa is due to expire. I will have to apply for an extension. I am preparing the list of items required for the application. Please note that this is my 2nd extension since I came to UK. But, from Tier2 ICT visa perspective, it’s my 1st extension. The earliest I can apply for the extension is middle of July 2012. If all goes well, I would probably get my visa extended for another 1 or 2 years time period.

Even if I get my extension for either 1 or 2 years, either way I would be completing my 5th year in UK on 5th July 2013. So, I hope, I may be eligible to for applying ILR on 5th June 2013.

In addition, to my above mentioned 104days break period during last year; I had a couple of holiday breaks one during end of year 2008 (8days) and another during beginning of year 2010 (29days). So, put together 8+29+104 = 141 days I was already out of UK country.

That’s it really from my side. Could you please be so kind and provide your advise based on my above details as to whether I am eligible for applying ILR during June 2013? Is there any more information which I need to be aware of or any precaution which I need to take from now on? Is there any documentation which I need to start preparing for?

For the 104days break, I don’t think whether I would be able to get any sort of letter justification from my company or UK client side.

Is there any way for me to justify such long breaking period ? so that my ILR application can go through.

Please advise.


Many thanks,
STP

[geriatrix]

Subject to discretion

[geriatrix]

Dear All,

Someone can advise on my below query please?

During my last 4years time-frame, I was out of UK country in a single stretch for 104 days. On the other side, out of those 104 days break around 20 days were my UK paid Annual leave which I had availed and traveled back to India and for those 20days I was getting my salary paid in UK bank and paid NI contributions, tax etc., and for the remaining 84days, I worked at offshore and I was getting my India salary paid. Would this justify to address my break period for my ILR application? I have returned back to UK using same visa after 20days Paid leave break + 84 days offshore work, not changed any visa categories. Please kindly advise on this.

Secondly, In addition, to my above mentioned 104days break period during last year; I had a couple of holiday breaks one during end of year 2008 (8days) and another during beginning of year 2010 (29days). So, put together 8+29+104 = 141 days I was already out of UK country.

I am more concerned about justifying my 104days break period and I don't think that I would be able to get any letters from my employer for those 84days break.

Any advice would help me preparing myself to address this break period.

Many thanks,
STP

[geriatrix]

If your employer is not ready to provide you a letter to certify that you were absent from UK for 84 days on overseas assignment and/or on paid leave, then these 84 days will be considered as absence for "personal reasons" and will be counted towards the 180 days limit. In such case, there is no need for a justification.

The only "idea" that anyone can offer you to justify the absence is - get a letter from the employer to certify any employer authorised leave(s) and overseas assignment.

[geriatrix]

What do you expect the total absences to be, by Jul 2013?
Out of these, how many will be certified by the employer (business related and absences on account of annual / paid leaves)?

The one thing that you need to take in account is that you have a single absence of more than 90 days, even though you can claim that for 20 days out of these 104 days you had economic ties with the UK. The onus will be on you to convince the caseworker to not consider these 104 days as a "single absence of more than 90 days". I cannot comment whether this will be possible and how?

[STP]

What do you expect the total absences to be, by Jul 2013?
Out of these, how many will be certified by the employer (business related and absences on account of annual / paid leaves)?

The one thing that you need to take in account is that you have a single absence of more than 90 days, even though you can claim that for 20 days out of these 104 days you had economic ties with the UK. The onus will be on you to convince the caseworker to not consider these 104 days as a "single absence of more than 90 days". I cannot comment whether this will be possible and how?

-------------------------------

Hi Sushdmehta,

Thanks for your advise.

As mentioned in my above posts, till today put together 8+29+104 = 141 days I was already out of UK country.

In 2008, 8 days off -> Paid Annual Leave (got paid in UK)
In 2010, 29 days off-> Paid Annual Leave (got paid in UK)
In 2011, 20 days out of 104 -> Paid Annual Leave (got paid in UK)
In 2011, 84days -> Worked from offshore following my above stated 20days vacation (got paid in India)

I am anticipating around 2 weeks of leave (14-15days) before June 2013.

So, 8+29+(20+84)+15 = 156days in total out of UK during my 5 years period.

I don't think and heard that employer wouldn't give any letters of any sort for justifying these Annual Paid holidays or 84 days offshore work.

How can I proceed about in this scenario to justify my break periods?

I am not going to reach out to the 180days threshold anyway....However, if I am able to split 20days as Paid leave and can I justify my Paid leaves through my bank statement? Referring that I have got paid by my employer during my Annual Leave break periods, especially for my 20days vacation break..Would that help?

Any other suggestions please?

Thanks,
STP

[geriatrix]

Given that your total is going to be less than 180 days, even if the employer doesn't give you a letter certifying annual / paid leave it doesn't make a difference.

The only issue left then, as I mentioned above, is the 104 days break. How you convince the caseworker to view it as two separate absences of 20 days and 84 days rather than a single absence of 104 days is something I cannot comment on.

[STP]

Hi...since loads of rules have got changed...could someone guide me through to prepare myself for my ILR application please?

Many thanks,
STP

[srk2012]

Get a letter from your HR/Immigration team, you should be fine.

Just get a confirmation from them that your Certificate of sponsorship was not withdrawn when you were away (I don't think it would have been but still)

[STP]

Dear All,

Thanks for your valuable inputs!

My ILR has gone through today @ Solihull PEO:)

Many thanks,
STP

[linkers]

Congratulations STP