Views requested for ILR case

[tan777]

Hi All,

I have PEO appt at Solihull on 19th Feb, though I think my chances are bleak. Will appreciate if you can provide your valuable views on below.

First Entry: Jun-2006 (WP)
Left UK: July-2009
Re-entered UK: July-2010(ICT T2)

My main queries are
1) My ICT visa was issued after 6th April 2010, does the period spent on this qualify for ILR? I read on UKBA site this is not allowed. But what confused me was another post by a member where it was mentioned if you were with same employer before then it is not an issue. Had look at varoius pages of UKBA docs but no clarity to validity of post.

2) As per new rules issued on 13th Dec 2012, 180 days is allowed in any one year, or in each year in 5 years - pl suggest if I can break 1 year absence into two 6 month periods by applying at right date?

Any help will be gratefully accepted.

[mulderpf]

1. Are you not getting confused with if you move from ICT to General with the same employer?
2. Technically you probably could, but remember that you would need a letter from your employer proving that your absences were for a reason consistent to the original purpose of entry to the UK. Generally, a break for a year would break your continuous period. So even though technically it would be easy to break up your absence over two years for the purpose of showing 180 days in one year, being away for an entire year hardly says that your primary employment was in the UK!!!

[kiranchinnu]

Hi All,

I have PEO appt at Solihull on 19th Feb, though I think my chances are bleak. Will appreciate if you can provide your valuable views on below.

First Entry: Jun-2006 (WP)
Left UK: July-2009
Re-entered UK: July-2010(ICT T2)

My main queries are
1) My ICT visa was issued after 6th April 2010, does the period spent on this qualify for ILR? I read on UKBA site this is not allowed. But what confused me was another post by a member where it was mentioned if you were with same employer before then it is not an issue. Had look at varoius pages of UKBA docs but no clarity to validity of post.

2) As per new rules issued on 13th Dec 2012, 180 days is allowed in any one year, or in each year in 5 years - pl suggest if I can break 1 year absence into two 6 month periods by applying at right date?

Any help will be gratefully accepted.

Sorry , as per my thinking your are not eligible for ILR as per this link :
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
When did your visa WP expiry?

[tan777]

1. Are you not getting confused with if you move from ICT to General with the same employer?
2. Technically you probably could, but remember that you would need a letter from your employer proving that your absences were for a reason consistent to the original purpose of entry to the UK. Generally, a break for a year would break your continuous period. So even though technically it would be easy to break up your absence over two years for the purpose of showing 180 days in one year, being away for an entire year hardly says that your primary employment was in the UK!!!

Hi- no this is about ILR only. Thanks for advice.

[kiranchinnu]

Hi Kiran, my 1st WP expired in June 2008, then I got it renewed in the UK and the 2nd one expired in May 2010.

so ,
First Entry: Jun-2006 (WP)
WP Expiry - June 2008.
Extn :June 2008
WP Expiry : May 2010
Left UK: July-2009
Re-entered UK: July-2010(ICT T2)

Was your ICTT2 for the same company or different company ?

I am afriad to so say there is no chance to ILR if your ICT T2 is for different company . Wait for guru's answers

[wpilr_nov12]

why were you away for a year?

[psTier1]

As per my understanding. In case of Tier 2/ WP, When you finish your assignment in UK and go back to home country then your VISA expires automatically after 90 days.
In your case new VISA was issued in Apr 2010 (i.e. after 9 months). so i believe there is VISA gap, irrespective of Tier 2/ WP expiry date.
In case of Tier 1 this is not applicable.
I may be wrong. Seniors please confirm.

[tan777]

Hi Kiran, my 1st WP expired in June 2008, then I got it renewed in the UK and the 2nd one expired in May 2010.

so ,
First Entry: Jun-2006 (WP)
WP Expiry - June 2008.
Extn :June 2008
WP Expiry : May 2010
Left UK: July-2009
Re-entered UK: July-2010(ICT T2)

Was your ICTT2 for the same company or different company ?

I am afriad to so say there is no chance to ILR if your ICT T2 is for different company . Wait for guru's answers

Hi Kiran - thanks. I was working for the same company. Will wait for your and Guru's views. Thank.

[tan777]

why were you away for a year?

Hi - due to off shoring basically, but then my visa was not revoked, and i was on the same project and same client same role almost when i re-entered the UK last. I know it is kind of difficult- but I am trying to gather gold dust from a dry river any help will be most appreciated from your experience. Thank.

[ilrseekerlondon]

As per my understanding. In case of Tier 2/ WP, When you finish your assignment in UK and go back to home country then your VISA expires automatically after 90 days.
In your case new VISA was issued in Apr 2010 (i.e. after 9 months). so i believe there is VISA gap, irrespective of Tier 2/ WP expiry date.
In case of Tier 1 this is not applicable.
I may be wrong. Seniors please confirm.

Hi, can you please share the source of this information.

[tan777]

As per my understanding. In case of Tier 2/ WP, When you finish your assignment in UK and go back to home country then your VISA expires automatically after 90 days.
In your case new VISA was issued in Apr 2010 (i.e. after 9 months). so i believe there is VISA gap, irrespective of Tier 2/ WP expiry date.
In case of Tier 1 this is not applicable.
I may be wrong. Seniors please confirm.

Hi, can you please share the source of this information.

I think it is not generally the case because people can travel after a 3 month period back if employer is unchanged. However; what does cooling off rules do to the 90 day absence is unknown to me.

[psTier1]

As per my understanding. In case of Tier 2/ WP, When you finish your assignment in UK and go back to home country then your VISA expires automatically after 90 days.
In your case new VISA was issued in Apr 2010 (i.e. after 9 months). so i believe there is VISA gap, irrespective of Tier 2/ WP expiry date.
In case of Tier 1 this is not applicable.
I may be wrong. Seniors please confirm.

Hi, can you please share the source of this information.

No I don't know any link. Actually it happened to one of my colleague 2-3 yrs back who was on T2. He spent 2 yrs in uk, Assignment finished and went back with another 1 yr valid T2 visa. Again he came to uk after 3.5 months on same visa for same client and employer but got deported from UK. Reason given - Require new Entry clearance as gap is over 3 months. He was not getting any salary during that time and Company informed HMRC about early termination of VISA (i think its a normal practice).
Don't know much in detail as I am on Tier 1. That's why we need input from Gurus.

[wpilr_nov12]

What was the expiry on your wp visa?

[Kumar ILR]

I too fall in the same scenario as tan777. I posted similar question in my post

http://www.immigrationboards.com/viewto ... highlight=

I had 2 years valid UK Tier 2(ICT)visa before I went back to India to look after my dad. My company applied another Tier-2 Visa for my return after the break as it was the company policy. and the new visa was taken after April 2010.Both the visa's were for the same client and I dont have any gap in my Visa's. Will the continuity will be a problem?.

[tan777]

What was the expiry on your wp visa?

Hi- it was May 2010.

[Kumar ILR]

you have said the visa expired on May-2010, when was the next visa issued (Knew it was issued after April-2010) but want to clarify if there was any gap in the visas?

Regards,
Kumar