Tier 2 ICT to ILR - Absences & gaps in extensions

[ashutoshb]

Hi,

I have my ILR appointment on 28th Jan,13. I am currently in Tier 2 ICT. I had entered UK on the 16/02/2008. Following is the breakdown of my absences and details of my visas. I have broken it down into the 5 years period:

Year 1: 28/01/13 - 29/01/12 = 6 days - Annual leave.
Year 2: 28/01/12 - 29/01/11 = 35 days - Annual leave.
Year 3: 28/01/11 - 29/01/10 = 33 days - Annual leave & marriage.
Year 4: 28/01/10 - 29/01/09 = 23 days - Annual leave. + 59 days - Official Trip to India. Work Permit was expiring within the trip. So applied for a fresh WP before the expiry. This was approved after a couple of rejections.
Year 5: 28/01/09 - 16/02/08 = 29 days - Annual leave.

I have a few questions or doubts:

a) Am I eligible for ILR even if I have a break in the Work Permit? Are there any rules around break in extensions or visas for ILR eligibility?

b) My total days outside the UK within 5 years are about 186 days. I am not sure about the 180 days rule. Is it 180 days total in 5 years or consecutive 12 months only (i.e. 180 days within 1 year)?

Any help will be really appreciated. Thanks.

[wpilr_nov12]

Could you give your visa details in chronological order, from beginning to now. And also reasons for rejections, date applied etc

[ashutoshb]

Thank for your reply.
Here are my visa details from beginning:

• 16-May-07 - 31-Mar-08 - Work Permit. Came into UK - 16/02/08 on this visa. I had come to UK on this visa 3 time before in 2007 for 2-3 months each and went back in 13-Dec-07 and then returned on 16/02/08. So I have counted my application date from 16-Feb-08.
  
  07-Apr-08 - 31-Mar-09 - Work Permit extended in UK. I went back to India on 13-Mar-09.
  
  Then applied for a fresh Tier 2 ICT on 26-Mar-09. This got rejected due to the following reason -

  Your Certificate of Sponsorship states that NIIT has employed you for 6 months prior to date of application. But your passport and payslips show that you have been working in UK for this period. Therefore you have not been working overseas for the sponsoring organisation.

  
  
  The above reason was wrong as I was working for the same organisation overseas as well.
  
  2nd application was made for Tier 2 ICT on 15-Apr-09 and this got rejected on 20-Apr as I did not submit a new COS with this application (as they had all of the previous documents with them from the first application).
  
  3rd application was made for T2 ICT around 27-Apr-09. This got approved and I was given a Tier 2 ICT valid from 13-May-09 - 30-Jun-10.
  
  Jul-10 - Nov-11 - T2 ICT - Extended in UK.
  
  I applied for extension on 01-Sep-11 and got rejected due to missing english language proof. This was required as my stay would extend beyond 3 years in the country.
  Fresh application was made around 01-Nov-12, where I was granted a leave to remain as T2 - ICT - LTS. This is as below.
  
  15-Dec-11 - 25-Oct-13 - Extended in UK. Tier 2 ICT (LTS). Current Leave to remain.

Please let me know if I should provide any other information as well. Thank you. Much appreciated.