Applying for ILR Help needed ||

[gauraverma]

Hi all,

I first came to UK in Jan 2008 on work permit. Start working here and moving here and to my home office based on projects availability.My company have offices in various geographies

There has been 3 instances when i went back to my home country due to company policy of if no projects in UK then move back to home country.

As long as we are in Uk we are moved ontp UK payroll but as we move back we are out of Uk pay roll.

In total there have been around 320 days i have been outside UK (60+120+140) and i have been based in Uk continously for past 2 years ( no moving out).
I would be completing my 5 years this jan so wanted to know my chances for getting an ILR.

I have been part of the same company for over 6 years now and in Feb 2012 as my work permit expires i moved onto ICT long term visa for 2 years ( applied from inside of UK).

Can anyone please advise about my chances and what documents do i need for applying ??

[geriatrix]

More than 90 days continuous absence and no economic ties to UK (employed and paid overseas) during the period of such absence, breaks continuous residence ... unless you can prove otherwise.

Subject to discretion

[gauraverma]

Hi Sushdmehta.. I was going through the UKba website and come across this section in ILR.. (Part 6A - Points-based system)

245GF. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 2 (Intra-Company Transfer) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. if the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974.

(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(c) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (Intra-Company Transfer) Migrant, in any combination of the following categories:

(i) as a Tier 2 (Intra-Company Transfer) Migrant,

(ii) as a Qualifying Work Permit Holder, or

(iii) as a representative of an overseas Business.

(d) The continuous period of 5 years referred to in paragraph (b) must include a period of leave as:

(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or

(ii) a Qualifying Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

(e) The sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing that:

(i) he still requires the applicant for the employment in question, and

(ii) he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UK Border Agency.

(f) The applicant provides the specified documents as set out in the application form for settlement and accompanying guidance to evidence the sponsor's certification in subsection (e) (ii).

(g) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33BA of these Rules, unless the applicant is under the age of 18 or aged 65 or over at the date the application is made.#


In the above section it doest talk bout the UK based salary or any such criteria. I am presently on ICT Long term permit
Please advise

[geriatrix]

Reading the settlement policy guidance may help.