Maternity Leave on Tier2 and ILR eligibility

[santoshimaa]

Hi everyone,

I am planning to go to India next year for about 6 months after the baby is born. I know Tier General is for 3 years and Tier 2 General Extension is for another 2 years.

1) Will be I be eligible to apply for ILR after5 years if I go to India for such long period?

2) If not, can I ask for anothe (2nd)r extension at the end of 5 years?

Please let me know what are my options to keep my eligibility for ILR.

Thank you...

[geriatrix]

1. Any single absence of more than 90 days for personal reasons will reset your ILR clock. Absences more than 180 in 5 years may make your settlement application subject to discretion, depending on the reason(s) of absences.
2. The answer depends on when you applied for leave as Tier 2 (General) migrant for the very first time.

[santoshimaa]

Thank you very much. I have applied my Tier General now. Application is with the UKBA now... so can I come back after 2 months... stay for another 2 months and then go back to India? Will this make any difference?

[geriatrix]

I have applied my Tier General now.

2. I believe the max. time one can be granted leave as Tier 2 (General) migrant is 6 years, so yes this could be possible provided you meet all the requirements in effect at the time.