ILR eligibility with gaps-- BADLY NEED YOUR ADVICE

[libra14]

Dear moderators and experts,

I need your advice on my eligibility for ILR. After reading few posts regarding ILR with more than 180 days gaps in a year I wanted to discuss my case.

1. I came on an assignment from India to UK on 05th Aug 2007 on a work permit
2. I then moved back to India company on 18th Jan 2009. (my UK visa was still valid while I was in India but my salary was getting paid in India)
3. I came back to UK on Tier 2 Intra company visa (filed from India) on 28th Sep 2009. The visa was valid from 14/09/2009 to 14/10/2010 and i have been extending it since then. my current leave expires in April - 2014
4. I am still working with the same employer.

As you can see I have a continuous break from 19th Jan 2009 to 27th sep 2009

However if I break this gap into two periods then will I be eligible for ILR now?

If I apply in June 2013 then my approximate absences will be as shown below:

Year 1 -> 15th june 2007 till 14th June 2008 -> 21 days
Year 2 -> 15th june 2008 till 14th June 2009 -> 147 days
Year 3 -> 15th June 2009 till 14th June 2010 -> 116 days
Year 4 -> 15th June 2010 till 14th June 2011 -> 0 days
Year 5 -> 15th June 2011 till 14th June 2012 -> 45 days
Year 6 -> 15th June 2012 till 14th June 2013 -> 0 days


I have referred my case to a few solicitors and they have advised that Tier 2 ICT is no longer open to ILR hence they cannot help me. My understanding is that i am eligible for ILR as my visa was granted prior to 6th April 2010.

Do you believe my understanding of the rules is correct and should i go ahead with my ILR application?

Thanks in advance!

[uk_2010]

Did you had any gap in visa between your WP expiry date and getting your first Tier2 ICT from India?

If No, i think you should take chance and apply for ILR with some strong evidence to justify your long absence i.e employer letter

If Yes, I think you should wait for some more time until you complete 5 years counting from the date of your first Tier2 ICT.

All the best..