ILR SET(O) postal in July 2018 in Tier 2 (ICT) 5 years route for the time spend in Nov 2007 to Nov 2012

[ASheriff]

VISA Details -

VISA CoS Date Assigned CoS Expiry Date Visa Valid From Visa Valid Till Place Visa Issued and Extension
WORK PERMIT N/A N/A 21-Nov-07 21-Nov-08 India-Chennai
Ext of WP N/A N/A 24-Nov-08 21-Nov-09 UK-London
VISA Tier 2 (ICT) 16-Nov-09 17-Feb-10 23-Nov-09 21-Dec-10 India-Chennai
VISA Tier 2 (ICT) 14-Dec-10 15-Mar-11 10-Feb-11 02-Jan-12 UK-London
VISA Tier 2 (ICT) 29-Dec-11 30-Mar-12 23-Feb-12 17-Jan-13 UK-London

18-Jan-2013 to 13-Mar-2014 (No Visa)

VISA Tier 2 (ICT) 13-Mar-14 14-Jun-14 01-Apr-14 22-Apr-17 India-Chennai
VISA Tier 2 (ICT) 05-Apr-17 06-Jul-17 10-May-17 19-Apr-19 UK-London


No. of days outside

UK Country visited Date out of UK Date back in the UK Reason Number of days out

Term 1

India 21-Nov-07 02-Dec-07 My visa valid from 21-Nov-17 and on 02-Dec-07,I first entered UK 10
India 04-Apr-09 18-Apr-09 On Vacation 13
India 14-Nov-09 07-Dec-09 On Vacation 22
France 26-Jun-10 07-Aug-10 Have travelled to Paris on work/Business 41
India 24-Mar-11 03-Apr-11 On Vacation 9
India 02-Jun-11 03-Jul-11 On Vacation 30
India 09-Mar-12 24-Mar-12 On Vacation 14
India 14-Aug-12 21-Nov-12 Left UK on 14-Aug-12 98

India 14-Aug-12 19-Apr-14 In India 612

Term 2

India 02-Dec-14 21-Dec-14 On Vacation 18
India 04-Dec-15 20-Dec-15 On Vacation 15
India 03-Jan-16 30-Jan-16 On Vacation 26
India 01-Oct-16 18-Oct-16 On Vacation 16
India 24-Jun-17 11-Jul-17 On Vacation 16
India 09-Dec-17 26-Dec-17 On Vacation 16
India 09-Jun-18 08-Jul-18 On Vacation 28

Dear All,

Need your help, where I want experts in this forum to have a look on my case and help me with your experiences and thoughts please...
So that, I can get adjust myself to what to expect from the Home Office in next few months time...
Yes, early this month (July 2018) I have had submitted my ILR SET (O) application in postal via 5 year route (21-Nov-07 to 21-Nov-12) for the time I have spend b/w 02-Dec-07 to 14-Aug-12
I had my docs prepared with a help of a solicitor and as per his advise, have kept my supporting docs very simple (as listed below) and all these many years i.e. for almost 14 years, I have been with the same Indian IT employer with my current annual package of £57K.

1. ILR SET (O) Application of course
2. My original passport and latest BRP Card (ICT)
3. Life In the UK
4. UK NARIC certificate for my Master's at CEFR Level C1
5. p60 for all these years (2008 till 2012) and (2015 till 2018 (latest))
6. Rental Agreements recent ones
7. latest 3 months bank statements and pay slips
8. Original (Master's) degree Certificate
9. 2 photo copies
10. Employer letter mentioning I have been working for them since 2006 with my current job title, SOC code and Annual package etc. My lawyer have said, not to mention no. of days outside UK in the company letter, but we do have attached a list separately.
11. Deputation Letter for both my visits

And below are few questions keep flashing in my mind and for which my solicitor said, risk is there but it all depends on the caseworker whoever is reviewing my case -

If any of you in this forum have ever come across similar situation or been through similar situation, would really help me to understand, what to expect from HO?

1. Here I'm submitting my application after 5 - 6 years for my previous visit in 2007-2012, would that be problem? Is there any rule that says, we can submit back dated application? Has anyone come across similar such situation as I please? If so, what happened, did you/they got their ILR?
2. All these years, all my tax and NI etc. are clean, no amendments, no tax issues. But in b/w I didn't had my tax returns filed for couple of years, would that be an issue? I called HRMC they said, all my tax records are clean and up to date with no pending's.
3. And b/w 21-Nov-11 and 21-Nov-12 year, I have been outside UK for total 112 days (especially, 98 days continuously from 14-Aug-12 to 21-Nov-12)? would this be an issue or does it falls under 180 days limit?

Thanks,
AS

[cyclina1]

For SET (LR)10 years route, yes you can, fulfilled 10 years residency, then leave hte UK, you can still apply SET (LR)

Don't think you can do the same through PBS route.

[ASheriff]

Thanks cyclina1,
Sorry, I'm not following your comments, can you pls detailed?
As said, I already have applied in 5 years route, are you saying I'm not egilible in 5 route and should have went in SET (LR) 10 year?

[ASheriff]

Also I was in India for more than 600+ days b/w mid jan-13 till mar-14 with no visa as well? So that would be a Problem for 10 years route right?

I'm more want to know for 5 year route I have applied?

Others experts in this forum, please help me with your thoughts please. Thanks AS

[CR001]

You don't qualify for ILR based on long residence anyway as you have an absence of more than 180 days.

@ cyclina1, pls read post properly before offering incorrect advice.

My understanding is that you cannot "backdate" and ILR application to 2012. For ILR on Set O it is the current visa route and most recent 5 years residence to qualify for ILR.

What rule did your solicitor say is relevant to you?

From what I understand, your time 2007 to 2012 is lost.

[ASheriff]

Thanks CR001, SET (O) and his point is there is no such rule in place today, that's say backdate application are not accepted.

[CR001]

Thanks CR001, SET (O) and his point is there is no such rule in place today, that's say backdate application are not accepted.

Hope you didn't pay a lot for such poor advice. See Immigration Rules Part 6A - 245GF below. Your absence 'India 14-Aug-12 19-Apr-14 In India 612' beaks your 'continuous residence' for this purpose and you cannot rely on the 'past' period.

https://www.gov.uk/guidance/immigration ... sed-system

245GF. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain as a Tier 2 (Intra-Company Transfer) Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted if the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) DELETED
(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(c) The applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 2 (Intra-Company Transfer) Migrant, in any combination of the following categories:
(i) as a Tier 2 (Intra-Company Transfer) Migrant,
(ii) as a Work Permit Holder, or
(iii) as a representative of an overseas Business.
(d) The continuous period of 5 years referred to in paragraph (c) must include a period of leave as:
(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(ii) a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.
(e) The Sponsor that issued the Certificate of Sponsorship that led to the applicant’s last grant of leave must:
(i) still hold, or have applied for a renewal of, a Tier 2 (Intra-Company Transfer) Sponsor licence; and
(ii) certify in writing that:
(1) he still requires the applicant for the employment in question, and
(2) the applicant is paid at or above the appropriate rate for the job as stated in the Codes of Practice in Appendix J, or where the applicant is not paid at that rate only due to maternity, paternity, shared parental or adoption leave, the date that leave started and that the applicant was paid at the appropriate rate immediately before the leave.

[ASheriff]

But point d) also says (the below) and here my applications is based on the time spend b/w Nov-2007 and Nov-2012... any further thoughts please?

(d) The continuous period of 5 years referred to in paragraph (c) must include a period of leave as:
(i) a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010, or
(ii) a Work Permit Holder, provided that the work permit was granted because the applicant was the subject of an Intra-Company Transfer.

[CR001]

Yes it does state that, but you do not have 'continuous residence' so your previous stay in the UK before your 612 days absence, is irrelevant for the purpose of ILR.

Absence of 180 days or more breaks your continuous residence so your clock reset to zero in March 2014

India 14-Aug-12 19-Apr-14 In India 612