Tier 2 General - Am I eligible for ILR ?

[hemu4ucbe]

Hi,
My wife is currently on Tier 2 General visa full time employed in UK.
She is in India on Maternity leave since Oct 2016. Her maternity leave for 52 weeks is confirmed. She needs to be with her family until Apr 2017.
Her company's immigration advisors are stating that she might not be eligible for ILR if she stays out of country that long. So, I am concerned how this can impact her ILR application in the near future. I have charted the calculation of dates below and I feel she must be eligible for ILR based on below Absence days ? May I kindly request the experts here to review and confirm if my calculations are correct and she would be able to get her ILR ?

Tier 2 General (Start Date 18-Dec-2013)

Entered UK on 10 January 2014

Absence Type Absence Start Date Absence End Date Duration
--------------------------------------------------------------------------------------------------------
Annual Leave 11 May 2014 27 May 2014 15 days
Annual Leave 10 December 2014 10 January 2015 30 days
Annual Leave 20 May 2015 01 June 2015 11 days
Maternity Leave 08 October 2016 29 April 2017 202 days
Annual Leave (Planned) 14 January 2018 05 February 2018 21 days
Annual Leave (Planned) 01 December 2018 25 December 2018 23 days


ILR Eligibility (11-Jan-2019)

Days Absent
---------------------------------------------------------------------------
Year 1 11 January 2019 12 January 2018 44 days
Year 2 11 January 2018 12 January 2017 107 days
Year 3 11 January 2017 12 January 2016 94 days
Year 4 11 January 2016 12 January 2015 11 days
Year 5 11 January 2015 12 January 2014 45 days


As per my interpretation, max allowed is 5 x 180 - 900 days but in any one 12 month period counted backwards from the date of application only 180 days are allowed.

So, will my wife be eligible for ILR based on above leave plan ?

Appreciate your expert advice.

Thanks,

[CR001]

No need for multiple posts. Please continue in your existing topic in the ILR sub forum as this is an ILR question. When a member is willing and available to respond, I am sure they will.

http://www.immigrationboards.com/indefi ... l#p1454930