ILR with multi entry clearance

[DesiBoys]

Hi all

I didn't want to hijack this thread so starting a new one

http://www.immigrationboards.com/viewtopic.php?t=128703

Can someone clear or share experience in regards to whether or not ILR continuity is broken due to multi entry clearance, provided your previous visa was still valid.

One successful case is

http://www.immigrationboards.com/viewtopic.php?t=117518


I had first entry clearance with WP in 2007 and second one in sep 2009 on tier ICT after 7 months of leaving the uk, while the first WP was still valid.

Would this have broken my continuity ? It should not looking at the example above but I'm looking for more opinions and real experiences if anyone has to share

[DesiBoys]

Any thoughts please?

[physicskate]

I had first entry clearance with WP in 2007 and second one in sep 2009 on tier ICT after 7 months of leaving the uk, while the first WP was still valid.

Being out of the UK for 7 months would definitely break your continuous residence. You would need to be able to split this absence between two years counting back from when you apply.

Otherwise, my humble opinion, is that you should be fine. Nowhere in the rules does it says ILR is only based on extensions... In fact, some people change to different categories and are still eligible for 5 year ILR (thinking combinations of Tiers 1 and 2).

[DesiBoys]

Hi physicskate

Thanks for your reply. Just trying to interpret it. So are you sayin if I'm able to split it into two years, which I am such that each years leave is well under 180 days, I should be fine to apply now?

[physicskate]

Hi physicskate

Thanks for your reply. Just trying to interpret it. So are you sayin if I'm able to split it into two years, which I am such that each years leave is well under 180 days, I should be fine to apply now?

Correct. Provided you meet the other criteria too. Thems the rules.

[sergeybrin]

It is in the UK seven months is sure to break the continuous residence. You have to be able to share this with a two-year absence from the back, when you apply.