More than 180 days absence in Tier 2 General ILR application

[ajo.facts]

Hi,
I am due to apply for ILR in Jun 2017. I am in Tier 2 General Work permit and working as Senior Software Programmer for a eCommerce/Retail company. On 04 April 2012 company issued the work permit and I came here in UK on 17 Jun 2012. But after five days, employer sent me to Dubai as the in-charge to manage the development of some of the software modules which they decided to develop by a Dubai based company. Sometimes I came back in UK for the implementation of the modules, but as they decided to develop more modules in Dubai I had spent one and a half year in Dubai. This time company paid my salary in Dubai, but I don't have bank statement of that period and my 1st year P60 also not available. On 01 Jan 2014 I came back in UK permanently and last 3 and a half year everything is fine. As per the work permit my salary is 32,000/yr and when it renewed in March 2005, salary is 35,500. Can I apply for the ILR as my absence are related to my employment. I can get a letter from my employer and from the company in Dubai.

Details of Absence
Year 1 - 29/06/2017 - 30/06/2016
P60 – 35,500

only 23 Days (Annual Leave)

Year 2 - 29/06/2016 - 30/06/2015
P60 – 35,500

16 Mar 2016 - 08 Apr 2016 - 23 Days (Annual Leave)
24 Nov 2015 - 02 Dec 2015 - (Dubai - Business trip) 8 days

Year 3 - 29/06/2015 - 30/06/2014
P60 – 31,700

01 Nov 2014 - 29 Nov 2014 - 28 days (Annual Leave)
12 Jun 2014 - 22 Jun 2014 (Dubai-Mumbai - Business trip) - 10 days

Year 4 - 29/06/2014 - 30/06/2013
P60 – 20,842

01 Jan 2014 - Came back in UK

6 Months in Dubai (Official)
01 Jul 2013 - 31 Dec 2014

Year 5 - 29/06/2013 - 30/06/2012

P60 - 0

07 Jun 2013 Entry to UK - 01 Jul 2013 Back to Dubai
Worked 24 days in UK

8 Months in Dubai (Official)

16 Sep 2012 Entry to UK - 28 Sep 2012 Back to Dubai
Worked 12 days in UK

3 months in Dubai (Official)

17 Jun 2012 - First entry on Work permit -22 Jun 2012 - Return to Dubai
Joined work - worked 5 days in UK
NI No. Issued

04 April 2012 - Work permit issued

[zimba]

It is highly unlikely that such long periods of absence beyond 180 days will be accepted. You might have to extend your leave until you fulfil the 5 year criteria.

Absences of more than 180 days per year are very difficult to justify particularly on a Tier 2 general visa. The assumption is that your main place of residence/work in the last five years has been the UK, in order to qualify for ILR.

The Tier 2 Guide says:

If you have been outside of the United Kingdom for more than 180 days in 12 months, this will break the continuous period and you will need to start the qualifying period for settlement again. If this happens, you may be unable to complete a further 5 year qualifying period before you reach the maximum time you can spend in your Tier 2 category. You should therefore pay careful attention to your absences from the U nited K ingdom if it is your intention to apply for settlement.