ILR eligibility

[Sivasr]

Hi,

My name is Siva, have been in UK for 88 months totally which includes roughly 5+ months gap initially. I am writing this to get more clarity on my ILR possibilities if i proceed for it.

In details,

I came to UK holding Tier 2 (Intra company transfer) visa in Sep'09 first time, then extended my visa in uk from Jan'10 to Jan'11. But unfortunately, i had to go back to my country in Jun'10 as my project work got over. After few months (exactly 172 days gap), i got an another project work for the same client in Dec'10 and travelled back to UK by getting a new Tier 2 ICT Visa as i was told by my employer that my CoS had been reverted though my visa had validity till Jan'11. Since then, extending my visa and continuously staying in UK till now. My question is whether i would be eligible for applying permanent residence (ILR) now based on my first travel (in Sep 2009)? or will it cause any problem as i travelled to India in the middle of this journey and my second time travel had been falling under the new ILR policy change dated on Apr'2010?

Please help me on this, would be much appreciated.

Many Thanks,
Siva

[vinny]

I think you should be okay, if your "continuous period of 5 years lawfully in the UK" wasn't interrupted since 2009.

[poper]

Hi,

My name is Siva, have been in UK for 88 months totally which includes roughly 5+ months gap initially. I am writing this to get more clarity on my ILR possibilities if i proceed for it.

In details,

I came to UK holding Tier 2 (Intra company transfer) visa in Sep'09 first time, then extended my visa in uk from Jan'10 to Jan'11. But unfortunately, i had to go back to my country in Jun'10 as my project work got over. After few months (exactly 172 days gap), i got an another project work for the same client in Dec'10 and travelled back to UK by getting a new Tier 2 ICT Visa In my opinion, since you applied for an entry clearance after Apr 2010 you are no more eligible for ILR on the 5 years route as i was told by my employer that my CoS had been reverted though my visa had validity till Jan'11. Since then, extending my visa and continuously staying in UK till now. My question is whether i would be eligible for applying permanent residence (ILR) now based on my first travel (in Sep 2009)? or will it cause any problem as i travelled to India in the middle of this journey and my second time travel had been falling under the new ILR policy change dated on Apr'2010?

Please help me on this, would be much appreciated.

Many Thanks,
Siva

[vinny]

245AAA(a)(ii) permits an applicant to make an entry clearance application under certain conditions, without breaking continuous residence.

[Sivasr]

Many thanks for your response, I appreciate it.
From this conversation, i believe that i'm eligible for ILR now. However, should i submit any extra letter from my employer to state about my 172 days gap/second entry clearance? or can i go ahead with the normal process? Thanks again.

Kind Regards,
Siva

[vinny]

(f) The applicant provides the specified documents in paragraph 245GF-SD to evidence the sponsor’s certification in subsection (e) (ii) and to evidence the reason for the absences set out in paragraph 245AAA.

(c) Except for periods where the applicant had leave as a Tier 1(Investor) Migrant, a Tier 1(Entrepreneur) Migrant, a Tier 1(Exceptional Talent) Migrant or a highly skilled migrant, any absences from the UK during the five years must have been for a purpose that is consistent with the applicant’s basis of stay here, including paid annual leave, or for serious or compelling reasons.

[Sivasr]

Thanks for your reply.
It says that 'any absences from the UK during the five years'. Should i mention reason for the leaves which i took only for last five year from now? If so, don't i need to submit any reason for the gap in 2010 as that would not fall into 5years from now?

Many Thanks,
Siva