My case is as follows:
WP Journey:
08/07/2008 Applied for Work permit in India. WP was valid till 8 May 2010.
13/07/2008 Entered UK on Work Permit
15/09/2009 Returned back to India as assignment was over. UK payroll closed. Resumed my job with the same employer. Indian pay roll started
Tier 1 (General) Journey
06/10/2009 Applied for Tier 1 visa in India
26/10/2009 Tier 1 Visa approved in India. (Valid from 26 Oct 2009 till Oct 2012)
15/03/2010 Arrived UK on Tier 1
SO THE GAP IS EXACTLY 180 DAYs from 15/09/2009 to 15/03/2010
Key points:
- After I returned back to India I simply resumed job with the same employer.
- Tier 1 (General) was applied in India within 60 days of returning back from UK while WP was still valid.
- I am not worried about continuous period rule as when I will have applied for ILR in October 2013, I would have brought down biggest 180 days gap to below 170
- I have a letter from employer regarding trips to India while working on WP stating that they were part of the paid leaves.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
Page 26 says that
Also, where the applicant has made a successful application to switch into a Tier 1 category during the 60 day period, for the purpose of calculating the permitted absences, the applicant will be considered to have been a Tier 1 migrant from the date of that application. So for the purpose of paragraph 245AAA (b) the applicant will have had Tier 1 leave from that date.
However doesn't talk about in UK or outside UK
Page 27 says:
Applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
However doesn't talk about on same visa or different visa
Please let me know guys if you want to know more information on this case.
I would like to apply for ILR in October 2013. My question is am I eligible for ILR or not. All senior members, your help is appreciated.
Thanks and Regards
AJ