Tier 2 ICT - Two entry clearances & absences

[vin_ayagar]

Dear gurus and experts

I have a similar situation like Desiboys and srk2012 who have managed to successfully get through.

My case:

I came as Tier 2 Intra Company Transfer Migration in March 2009, but had to leave UK on October 2009. Though I went back, this visa had validity till March 2011.
I came back to UK again in June 2010 ( Gap of about 8 months ) and was asked to apply for a visa again since the category was then Tier 2 ICT (Established Staff).
If I follow the split for the individual years, each year absence is less than 180 days.
It also seems if i take my entry in March 2009 as the first entry and consider the gap as just an absence, then i might qualify to apply for ILR during March 2014 itself.

My absences break down as

Year 1 20 March 2014 19 March 2013 15+
Year 2 20 March 2013 19 March 2012 31
Year 3 20 March 2012 19 March 2011 20
Year 4 20 March 2011 19 March 2010 88
Year 5 20 March 2010 19 March 2009 154

My questions are

1. Is it even possible to apply as i think in March 2014? The below document from UKBA suggests I can .. Refer Page 26
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

2. Can I use srk2012 reasoning that the company wanted to apply for the second time. Also that the visa category has changed.
3. My other worry is even if i get out of the entry clearance, will they pick the fact that my second entry clearance on June 2010 is later the acceptable date of 6th April 2010 after which all the visas have become ineligible for ILR in Tier 2 ICT
4. As you can see, I need to explain the reasons for the 154 days and can I tell them I went on Business trip ( went to set up a base at offshore )

Any advise the gurus and expersts can provide me would be greatly appreciated.

[vin_ayagar]

Hello Experts and Gurus - Seeking your advise please. Could someone help me out?

[tan777]

Hi you should be fine if your employer can give reason of absence as work related. I
Technically you look ok.

[vin_ayagar]

Thanks Tan77.. So you think having two entry clearances is not an issue?
I travelled for the same company to an offshore location on the request by my company so hopefully they will be able to issue me a letter.

[tan777]

Thanks Tan77.. So you think having two entry clearances is not an issue?
I travelled for the same company to an offshore location on the request by my company so hopefully they will be able to issue me a letter.

Yes it is good worth a try in your case- you should be fine IMHO

[sujyo]

Do you know if someone is successful with absence of more than 180 days

[tan777]

Do you know if someone is successful with absence of more than 180 days

absence up to 180 is permitted by rule

[rameshvardhan]

Hi,

I got my ILR approved on 21, August. Had long work-related absenses that are spread across two years.

Year1 - 21/08/13 to 20/08/12 (178 whole days)
Year2 - 21/08/12 to 20/08/11 (176 whole days)
Year3,4,5 are just around 40 days outside UK.

And a long absence of 134 days is spread across these two years ( July, 12 to Dec, 12).

Few travels in which I returned back to UK the next day are counted as ZERO days outside UK.

Hope it helps.

Cheers,
RV.

[tan777]

Hi,

I got my ILR approved on 21, August. Had long work-related absenses that are spread across two years.

Year1 - 21/08/13 to 20/08/12 (178 whole days)
Year2 - 21/08/12 to 20/08/11 (176 whole days)
Year3,4,5 are just around 40 days outside UK.

And a long absence of 134 days is spread across these two years ( July, 12 to Dec, 12).

Few travels in which I returned back to UK the next day are counted as ZERO days outside UK.

Hope it helps.

Cheers,
RV.

Congrats. Could you advise if 134 was your longest single absence or it was 178+176.? How did you put absence break dates in form...I believe they want date left UK and entered but if you are splitting you are always out of UK hence checking.

[rameshvardhan]

Thanks tan777.

Longest single absence was 134 days. In total there are 34 absences ranging from 1 day to 134 days.

For the absence calculation I have provided the no.of whole days outside UK for that period.

E.g, YEAR1 21/08/2013 - 20/08/12 - 178 whole days.
YEAR2 21/08/2013 - 20/08/11 - 176 whole days.

I am actually away from 27/07/12 to 09/12/12. Split up has made me count
21/08/12 & 20/08/12 dates twice (YEAR1, YEAR2).

Wish you the best luck on your application.
- RV.

[vin_ayagar]

Hi Ramesh - Thanks a lot for your response and congratulations.
Did you have a similar case of 2 entry clearances? i.e Is your long absence attributed to leaving UK to work offshore and then you came back again?

[vin_ayagar]

Tan777 and Suio - The questions are not only about absences upto 180 days.. Its more to do with whether the second entry clearance will be treated as a last entry to UK.

[har_vlr]

Hi gurus and experts,

I have a situation similar to vin_ayagar.
My first entry was in March 2009 and left UK in October 2009 to setup an offshore base and came back to UK in June 2010. So there was a long absence of 256 days, which is getting split into two consecutive 12 months.

I have the following question in my mind:
1) Anyone got ILR from Tier 2 (ICT) category with more than 180 days of continuous absence (even if the absence gets split in two consecutive 12 months?
2) What reasons are accepted by UKBA for absences related to work other than annual vacations? For example, I left UK on request by my company to setup a team in offshore , will this be accepted as a reason for absence related to work?

Please can some one share an example format of support letter for long absence other than annual vacation or reason given for long absence in Tier 2 (ICT) category.

[har_vlr]

Hi vin_ayagar,

Did you get any additional information or advise from someone who got through ILR with long absence (absence more than 180 days)?

Many thanks..

Dear gurus and experts

I have a similar situation like Desiboys and srk2012 who have managed to successfully get through.

My case:

I came as Tier 2 Intra Company Transfer Migration in March 2009, but had to leave UK on October 2009. Though I went back, this visa had validity till March 2011.
I came back to UK again in June 2010 ( Gap of about 8 months ) and was asked to apply for a visa again since the category was then Tier 2 ICT (Established Staff).
If I follow the split for the individual years, each year absence is less than 180 days.
It also seems if i take my entry in March 2009 as the first entry and consider the gap as just an absence, then i might qualify to apply for ILR during March 2014 itself.

My absences break down as

Year 1 20 March 2014 19 March 2013 15+
Year 2 20 March 2013 19 March 2012 31
Year 3 20 March 2012 19 March 2011 20
Year 4 20 March 2011 19 March 2010 88
Year 5 20 March 2010 19 March 2009 154

My questions are

1. Is it even possible to apply as i think in March 2014? The below document from UKBA suggests I can .. Refer Page 26
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

2. Can I use srk2012 reasoning that the company wanted to apply for the second time. Also that the visa category has changed.
3. My other worry is even if i get out of the entry clearance, will they pick the fact that my second entry clearance on June 2010 is later the acceptable date of 6th April 2010 after which all the visas have become ineligible for ILR in Tier 2 ICT
4. As you can see, I need to explain the reasons for the 154 days and can I tell them I went on Business trip ( went to set up a base at offshore )

Any advise the gurus and expersts can provide me would be greatly appreciated.

[har_vlr]

Hi gurus and experts,

I have a situation similar to vin_ayagar.
My first entry was in March 2009 and left UK in October 2009 to setup an offshore base and came back to UK in June 2010. So there was a long absence of 256 days, which is getting split into two consecutive 12 months.

I have the following question in my mind:
1) Anyone got ILR from Tier 2 (ICT) category with more than 180 days of continuous absence (even if the absence gets split in two consecutive 12 months?
2) What reasons are accepted by UKBA for absences related to work other than annual vacations? For example, I left UK on request by my company to setup a team in offshore , will this be accepted as a reason for absence related to work?

Please can some one share an example format of support letter for long absence other than annual vacation or reason given for long absence in Tier 2 (ICT) category.

Hi All, Just an update on this, my ILR application was successful through Premium Service Centre..

[poper]

What do you mean by the below?
Was this an extension within the UK?

I came back to UK again in June 2010 ( Gap of about 8 months ) and was asked to apply for a visa again since the category was then Tier 2 ICT (Established Staff).

[IndianConsult]

Do you know if someone is successful with absence of more than 180 days

I have heard about some cases who were granted ILR on discretion as their absences were considered as compelling and on compassionate grounds. Sr. Case Worker can make discretion to condone absences exceeding 180 days if they believe that the applicant was away for compelling and compassionate reasons.

I should be able to give my first hand experience next month. Keeping my fingers crossed!

[CR001]

Please, this topic was started in 2013, the OP posted on Saturday, 23/7/16 to update that he had obtained ILR. This is not a discussion topic or for members to quote 3 year old posts to comment on.

Topic will be locked.