Tier2 ICT ILR Eligibility before 5 years , what is the logic ?

[rkbadineni]

HI,

I am planning to apply ILR in next month , could you please read my case and let me know am i eligible for ILR.


I am currently holding the TIER2 ICT LONG TERM (LEAVE TO REMAIN) VSIA which is valid till 22-DEC-2017


I first came to UK in SEP 2009 on TIER2 ICT MIGRANT VISA and i am still renewing the same VISA till date



My question is i was away for a period of 574 days(APR 2013-NOV2014 suring this time my visa is valid ) back to my base location in India due to medical reasons ( my wife miscarrigae the baby and she didn't get proper medication in UK , so we went back to india )


during this time i have not been paid any UK salary only i have been paid indian salary.


Again i was deputed back to UK in NOV 2014


Please find the my UK Start\end dates and entry exit dates (My VISA never Expired in India , i was renewal every time before it get expired in UK)


VISA Category - TIER2 ICT LONG TERM (LEAVE TO REMAIN)


My first entry date to UK - 27-SEP-2009 Exit Date 26-JUN-2010 - Reason-Vacation
Re entry date - 11-JUL-2010 Exit Date 30-APR-2011 - Reason-deputation back to base location (INDIA)
Re entry date - 10-SEP-2011 Exit Date 21-JAN-2012 - Reason-Visited base location on Business trip (INDIA)
Re entry date - 02-FEB-2012 Exit Date 09-AUG-2012 - Reason-Visited base location on Business trip (INDIA)
Re entry date - 31-AUG-2012 Exit Date 06-DEC-2-12 - Reason-Visited base location on Business trip (INDIA)
Re entry date - 18-DEC-2012 Exit Date 13-APR-2013 - Reason-deputation back to base location (INDIA)
Re entry Date - 08-N0V-2014 Presently in UK, Visa valid till 22-DEC-2017



So is my case strong enough to apply for ILR ?

DO i need request my company to provide any letter ?

DO i need to submit any medical records while applying for ILR?



Please elt me know your suggestions ?

[rkbadineni]

Hi,

I came to UK initially on Work Permit in SEP 2009
From 2009 - 2013 i was in UK with VISA category ( Established staff and Tier 2 ICT)
but from APR 2013 to NOV2014 i went to India on end of assignment
but in this period my visa was not expired before the Visa expiry i travelled back to UK in mid of NOV 2014
and extended my Tier2 ICT visa till DEC2017
one more extension from DEC2017 to DEC2019

last month i have approached one solicitor to check my ILR eligibility ,
He said you are eligible for ILR in MAY 2019 ( initially i thought it's NOV 2019)
here i have asked one question to solicitor ,
Question :- as per the rules applicant has to finish 5 years to eligible for ILR
But Solicitor said applicant can stay 180 days away from the UK and you can count the time back from due date ( NOV 2019) which is 6 months , so from NOV 2019 if i count back MAY 2019 is the month i can apply for ILR ? is this the right logic ?
Can any body confirm on this ?

[CR001]

You can apply in November 2019, 5 years after you returned to the UK. You cannot apply 180 days early.

[CR001]

From 2009 - 2013 i was in UK with VISA category ( Established staff and Tier 2 ICT)
but from APR 2013 to NOV2014 i went to India on end of assignment
but in this period my visa was not expired before the Visa expiry i travelled back to UK in mid of NOV 2014

What date did your visa expire???

What date exactly did you return to the UK?

Always helpful if you state the exact visa start and end dates if you expect strangers on the internet to offer advice.

[rkbadineni]

Sorry for not mentioned dates.

Here are the dates

Date returned back to UK - 08-NOV-2014
Current VISA Expiry date - 18-DEC-2019

[CR001]

From 2009 - 2013 i was in UK with VISA category ( Established staff and Tier 2 ICT)
but from APR 2013 to NOV2014 i went to India on end of assignment
but in this period my visa was not expired before the Visa expiry i travelled back to UK in mid of NOV 2014

I am asking about visa start and end dates for these ones above, NOT current one.

[rkbadineni]

please find the History

VISA Category Start Date End Date

VISA TIER 2 (INT COM TRAN) MIGRANT 18-Sep-2009 27-Sep-2010
TIER2 EST STAFF LEAVE TO REMAIN 17-Sep-2010 10-Nov-2011
T2 ICT LONG TERM LEAVE TO REMAIN 15-Nov-2011 24-Nov-2012
T2 ICT LONG TERM LEAVE TO REMAIN 01-Nov-2012 08-Dec-2014
T2 ICT LONG TERM LEAVE TO REMAIN 5-Dec-2014 22-Dec-2017
T2 ICT LONG TERM LEAVE TO REMAIN 20-Nov-2017 18-Dec-2019

[CR001]

Because of your long absence, you will only qualify in November 2019.