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ILR eligibility - shift from Work Permit to Tier 2

Posted: Mon Aug 05, 2013 9:49 pm
by ran_123
Hello,

I came to UK in October 2008 on a Work Permit (validity from 24 Oct 08 - 24 Oct 10). I went back to India on 1 May 2010. Got my visa renewed to Tier 2 General (validity 6 June 08 - 6 June 13). I came back to UK on 9 June 10. I recently got a further extension of Tier 2 General (from 1 Jun 13 - 1 Jun 16). I want to know if I will eligible to apply for ILR in Oct 13 based on above.

Thanks

Posted: Tue Aug 06, 2013 1:53 pm
by ran_123
Hello

Can you please clarify on the above query. Is the continuous period broken because I got my renewal stamped in India, for Tier 2 extension in June 2010.

This is what I am being told by my personnel.

Thanks

Posted: Tue Aug 06, 2013 2:37 pm
by Subbarao
[quote="ran_123"]Hello

Can you please clarify on the above query. Is the continuous period broken because I got my renewal stamped in India, for Tier 2 extension in June 2010.

This is what I am being told by my personnel.

Thanks[/qote]

whats the date of your Tier2 ICT application/approval date ?

Posted: Tue Aug 06, 2013 3:07 pm
by ran_123
Hello

It was Tier 2 General and not ICT.

I am not sure exactly when it was really approved but the stamp shows its validity from 03/06/10 - 01/06/13

Posted: Tue Aug 06, 2013 3:33 pm
by ran_123
MY COS was assigned on 21 apr 2010

Posted: Tue Aug 06, 2013 5:19 pm
by Subbarao
ran_123 wrote:MY COS was assigned on 21 apr 2010

your dates are confusing. can you please read your first post ?

you said you have got tier2 general approved in 2010 but the validity given as ( validity 6 June 08 - 6 June 13 ).

please put the dates in chronological order.

Posted: Tue Aug 06, 2013 8:14 pm
by ran_123
Sorry for the confusion

Here it goes

Work Permit : 24/09/08 - 24/09/10

Went to India on 01/05/10
Tier 2 General (Stamped in India) - 06/06/10 - 01/06/13

Came back to UK on 09/06/10

Another extension tier 2 general(in UK) - 01/06/13 - 01/06/16

My question - Can I apply for ILR in Oct 2013

Posted: Tue Aug 06, 2013 8:35 pm
by Subbarao
ran_123 wrote:Sorry for the confusion

Here it goes

Work Permit : 24/09/08 - 24/09/10

Went to India on 01/05/10
Tier 2 General (Stamped in India) - 06/06/10 - 01/06/13

Came back to UK on 09/06/10

Another extension tier 2 general(in UK) - 01/06/13 - 01/06/16

My question - Can I apply for ILR in Oct 2013
This is my opinion:

I am afraid, you can't. I guess its not considered as a continuous employment in UK as you went to India. but when you went to India and you have been paid in UK during that time and your employer can provide a letter for the same, you can apply for ILR in 2013. otherwise you have to wait until 2015.

If you can show it as a continuous employment in UK by your employer then it should be fine. otherwise you need wait until 2015.

Senior members - please confirm.

Posted: Thu Aug 08, 2013 12:01 am
by ran_123
I was on permanent employment in UK (on Uk payroll)when I went to India. It was just that I wasnt getting a visa appointment in UK, and it was just about the time I was going to India so i thought I would just get my visa renewed there.

Posted: Thu Aug 08, 2013 1:41 am
by vinny
You are probably okay (245AAA(a)), subject to 245HF.

Posted: Thu Aug 08, 2013 11:16 pm
by Subbarao
ran_123 wrote:I was on permanent employment in UK (on Uk payroll)when I went to India. It was just that I wasnt getting a visa appointment in UK, and it was just about the time I was going to India so i thought I would just get my visa renewed there.
if you are on permanent employment in UK then it should be fine as Vinny suggested.