Help on ILR eligibility

[vivg]

Hi Guys,
I need some help regarding my ILR application. I have received same day appointment for 6th Feb 2013. Here are my details:
WP Stamped: 21/02/2008 Valid until 21/02/2010
Entry Clearance: 04/03/2008 (first Entry)
Switched to Tier2 ICT in Jan 2010, Visa granted until 07/03/2011
Switched to Tier1 (General) valid until 13/07/2013. Application made in Feb 2011.

My five years continuous stay would complete on 04/03/2013.
I would appreciate if someone can confirm below points:

1) Continuous absence as per the new rules
I have absences totaling 213 days in 5 years, 87 of which is due to a work related Travel to Singapore for the same employer. I was paid in Singapore dollars for this duration. I have a deputation letter and salary slips from employer as supporting document. My breakdown of absences is below:
5th Feb 2008 to 5th Feb 2009 – 42 days
5th Feb 2009 to 5th Feb 2010 – 10 days
5th Feb 2010 to 5th Feb 2011 – 130 days
5th Feb 2011 to 5th Feb 2012 – 0 days
5th Feb 2012 to 5th Feb 2013 – 31 days
Will this be considered as breaking the absence as per new rules?

2) My tier1 was rejected initially a day after my tier2 ICT visa expired.
I appealed within 3 days of receiving the decision and the appeal was allowed and Tier1(G) visa granted until 13/07/2013. Will this be treated as a break in continuity?

Thanks in advance!!

[wpilr_nov12]

1.when was your Singapore deputation?

2. Why was your T1 application rejected?

Otherwise things are not looking too bad for you.

[vivg]

Thanks for your prompt reply!!

Code: Select all

1.when was your Singapore deputation? 

2. Why was your T1 application rejected?

1. My singapore deputation was from 6th April 2010 to 2nd July 2010. I was having a valid Tier2 ICT during that time.

2. The T1 application was rejected as the Case worker stated that the accountant i had used wasn't a registered accountant. I however had provided evidence to confirm that in my application. i appealed against it and the Tribunal judge confirmed it as a case of gross negligence on part of UKBA and allowed the appeal then and there.

could you help with the answers of my original questions.

[Obie]

The length of absence over the 5 years seems high, but if you can provide evidence that it was for employment purpose. I belive you should be fine.

[vivg]

Hi There,

I am bit confused. Though i have employment letter to cover the absences. I want to understand the new rules on absences. As per the revision applicable from 13th December, Isn't the rule stating that absences over 180 days in consecutive 12 months is exceptional. How about 180+ days in 5 years, but not in consecutive 12months period.

[cs95tdg]

A similar topic with information & an example on how to calculate your absences and determine whether you have broken the continuous residence requirement.

http://www.immigrationboards.com/viewto ... ht=#754847

Do read through the UKBA guidance carefully as well. http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary