ILR continuous 5 years period queries

sbadra · Post by **sbadra** » Wed Apr 10, 2013 11:48 am

I’m on Tier2 Intra Company Transfer (ICT). I would like get your views on the following queries related to my continuous 5 years period for applying ILR [SET(O) form].

1. I have two business trips to UK (C - Visit – Business) within 5 years period

2. No visa continuation within 5 years period (Gap between Work Permit and fresh Tier 2 ICT received on 06th August 2010)

3. More than 6 months outside UK (in India) twice within 5 years period
I have been coming to UK from year 2005 (nearly 7 ½ years) but on different visas like Work Permit, Business Visa (C - Visit – Business) and Tier 2 ICT.

Any suggestions are really appreciated, thank you.

physicskate · Post by **physicskate** » Wed Apr 10, 2013 1:26 pm

sbadra wrote:I’m on Tier2 Intra Company Transfer (ICT). I would like get your views on the following queries related to my continuous 5 years period for applying ILR [SET(O) form].

1. I have two business trips to UK (C - Visit – Business) within 5 years period

2. No visa continuation within 5 years period (Gap between Work Permit and fresh Tier 2 ICT received on 06th August 2010)

3. More than 6 months outside UK (in India) twice within 5 years period
I have been coming to UK from year 2005 (nearly 7 ½ years) but on different visas like Work Permit, Business Visa (C - Visit – Business) and Tier 2 ICT.

Any suggestions are really appreciated, thank you.

Maybe it's just me, but this is TOTALLY unclear. Please give visa types by validity dates... you mentioned a gap? Is this an out of time application?

sbadra · Post by **sbadra** » Wed Apr 10, 2013 3:47 pm

Thanks for your quick reply. I did some exercise and pulled requested info. Here are the details for my last 5 years period:

Period |Period start date |Period end date |UK days |IND days |Visa Type |Visa validity start date |Visa validity end date

Year 1 01/05/2012 30/04/2013 257 108 Tier2 ICT extension 10-Jan-13 28-Jan-14

Year 2 01/05/2011 30/04/2012 257 108 Tier2 ICT extension 31-May-11 02-Feb-13

Year 3 01/05/2010 30/04/2011 272 93 Business Visa (39 days) 11-Jun-10 11-Dec-10
Fresh Tier 2 ICT (233 days) 06-Aug-10 28-Feb-11

Year 4 01/05/2009 30/04/2010 66 299 Business Visa 26-Aug-09 26-Feb-10

Year 5 01/05/2008 30/04/2009 238 127 Work Permit extension 05-Feb-08 15-Jan-10

Any advice suggestions welcome please.

physicskate · Post by **physicskate** » Wed Apr 10, 2013 3:58 pm

sbadra wrote:
Period |Period start date |Period end date |UK days |IND days |Visa Type |Visa validity start date |Visa validity end date

Year 1 01/05/2012 30/04/2013 257 108 Tier2 ICT extension 10-Jan-13 28-Jan-14

Year 2 01/05/2011 30/04/2012 257 108 Tier2 ICT extension 31-May-11 02-Feb-13

Year 3 01/05/2010 30/04/2011 272 93 Business Visa (39 days) 11-Jun-10 11-Dec-10
Fresh Tier 2 ICT (233 days) 06-Aug-10 28-Feb-11

Year 4 01/05/2009 30/04/2010 66 299 Business Visa 26-Aug-09 26-Feb-10

Year 5 01/05/2008 30/04/2009 238 127 Work Permit extension 05-Feb-08 15-Jan-10

Years 3 and 4 are a problem - in year 4 you spent 299 days out of the UK. Additionally, Business visit visas do not count towards residency other than 10 year long residence. This is not a route that leads to settlement and I could be wrong, but I do not think it can be combined towards 5 year residence.

I could be wrong. Wait for additional thoughts from others!!!

vd_ilr · Post by **vd_ilr** » Wed Apr 10, 2013 6:08 pm

@sbadra - You mentioned there is a gap in your Visa?

2. No visa continuation within 5 years period (Gap between Work Permit and fresh Tier 2 ICT received on 06th August 2010)

In that case your continuous period is broken.

sbadra · Post by **sbadra** » Thu Apr 11, 2013 9:40 am

Thanks for the valuable info, felt the same.

I have gone through UKBA stuff and it's nowhere mentioned about business trips & gap between visas are an issue for calculating continuous 5 year period. Anyways, considering your point and welcome more thoughts from others.

Another question, can I get eligibility if I stay another two years in UK to fulfil 5 years continuous period because I received fresh Tier 2 ICT on 06-Aug-2010.

physicskate · Post by **physicskate** » Thu Apr 11, 2013 11:13 am

Nope. The cut off for this is applications before 6 April 2010. You would have to change to Tier 2 general. As your leave was applied for before 6 April 2011, you are eligible to switch to a new employer under Tier 2 G.

You will also run into problems by going the 10 year route as you have excessive absences from a couple years ago (299 days).

sbadra · Post by **sbadra** » Thu Apr 11, 2013 12:26 pm

Appreciate your quick reply and make sense.

For example if I switch to Tier 2 General on June 2013. My 5 year clock starts from June 2013 or my previous years also counted?

sbadra · Post by **sbadra** » Thu Apr 11, 2013 10:53 pm

And also would like to check whether I'm eligible to switch to a new employer under Tier 2 General because my current Tier 2 ICT shows as Long Term.

As I mentioned earlier, I have got fresh Tier 2 ICT on 06-Aug-10 and after received two extensions within UK, here are the details:

Tier 2 ICT EST STAFF (Fresh from 06-Aug-10)
Tier 2 ICT EST STAFF (Extension)
Tier 2 ICT LONG TERM (Extension valid until 28-Jan-14)

sbadra · Post by **sbadra** » Thu Apr 18, 2013 4:47 pm

any suggestions pls?

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ILR continuous 5 years period queries