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ILR Please Advise - WP to Tier 2 ICT - completed 5 years

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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needilr2013
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ILR Please Advise - WP to Tier 2 ICT - completed 5 years

Post by needilr2013 » Tue Jan 22, 2013 3:43 pm

I have first come to uk on a work permit in Jan 2008. my work permit expired last year feb 2011 and i was granted a ICT Tier 2 long term visa ( visa was applied from inside of UK).There wasnt any break in both the visa as they overlapped.
I have now completed my 5 years of stay in here and planning to apply for a ILR. I have been part of the same compony from beginning.

The queries i have got are as follows.
1. Out of the five year i was here in UK i spend total of 360 days outside UK. the reason was business specific. As my company had different projects running at different time i was asked to work in india. (i can get it as a letter from the company)
2. Whenever i work in india my payroll gets shifts to indian payroll and i dont get any salary in UK.
3. At a max i have been outside UK for 130 days and then join back.
4. For past 2 years i have been based out of uk and have gone back not more than 30 days.(vacations).
5. I have heard of a new visa rule of 180 days ( earlier it was 90).

What are my chances of getting an ILR id i do it now?

wpilr_nov12
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Post by wpilr_nov12 » Tue Jan 22, 2013 4:21 pm

Info needed: all relevant dates. Visa issue, initial UK entry on WP, switch, absences etc... and visa expiry

On the surface, you are fine. But usually it is the deep down that becomes complicated.
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My ILR, MN1 and kids PP stories.

needilr2013
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Post by needilr2013 » Tue Jan 22, 2013 4:49 pm

I have never crossed 180 days in any of the visit ( even if i divide by yearly pattern).

I came to Uk on 2nd jan 2008 on work permit which was valid till March 2012
got the work permit renewed to Tier 2 ICT long term on Feb 2012 applied within the UK (expiring in 2014). So there has never been a break as i was always on some work visa.

here are the absent details :

31-Mar-08 03-Jun-08 -63 Business Trip
05-Oct-08 28-Jan-09- 114 Business Trip
29-Aug-09 07-Sep-09 -8 Annual leave
28-Jan-10 13-Feb-10 -14 Annual leave
29-Sep-10 13-Feb-11 -135 Business Trip
02-Sep-12 02-Nov-12 -28 Annual leave

wpilr_nov12
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Post by wpilr_nov12 » Tue Jan 22, 2013 5:09 pm

You should be fine. Download and work your way through the SET O form from UKBA website.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

needilr2013
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Posts: 16
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Post by needilr2013 » Tue Jan 22, 2013 5:21 pm

Thanks for the reply guru.

I am just worried about the salary issue during the business visit.Do you reckon its fine with UKBA ?? Do they don't ask for any such proof any more ??

An what documents do i need to produce for the same?
my understanding is
12 month bank statements
12 salary slips
letter from employer saying i went back for business visit
P60/p45??
life in uk test

Please advise.

wpilr_nov12
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Post by wpilr_nov12 » Tue Jan 22, 2013 6:48 pm

Please see my reply above.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

uksettlement
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Post by uksettlement » Tue Jan 22, 2013 8:29 pm

needilr2013,

No employer letter or supporting docs needed for absences if applying through for tier 1 general route
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

needilr2013
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Joined: Tue Jan 22, 2013 3:36 pm

Post by needilr2013 » Tue Jan 22, 2013 9:01 pm

Thank you uksettlement, but i am presently in ICT Tier 2 and not Tier 1(G).

Do they have same rules for both the categories ??

cs95tdg
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Location: London

Post by cs95tdg » Tue Jan 22, 2013 9:27 pm

No, the requirements for Tier1 & Tier2 are different.

If you are applying as a Tier2 Migrant, then you will need to provide a employer letter(s) to confirm both your annual leave and business related absences during your 5 year residence period.

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