Immigrationboards.com

Hi all,

In 2009 I was transferred to my company's India office for 2 months as I had a family emergency and wasn't sure how long i will be away on leave. So i was issued P45.

Matters got resolved in a month and on reporting back at the India office they wanted me to re-join duties in UK immediately. Travel approvals and other things took couple of weeks but i was in UK again. But during these 2 months i was not in employment in UK although i worked for the same sponser and had a valid Tier 2 ICT and valid leave to remain and enter.

I am wondering if this will be ok or will this cause any issues for the continuous period requirement. I have seen some people getting ILR successfully on this forum wiuth similar circumstances, not sure if they provided that information to UKBA or not. However, I will be providing all the info on my application irrespective of the result.

I don’t think so this would break your continues residence. As long as you are under 180 days in 5 years, you will be fine.

cheers mate. I consulted an immigration lawyer..and he clarified that as long as a person has valid leave to remain...is in the same job (same role for which WP was granted) and hasn't been away for more than 90 days in a single instance it should be fine.

cases with more than 90 day absence fall under discretionary grounds and will be decided based on evidence provided and decision of higher authority at HO. in such cases caseworkers will refer the case to higher officials.

so he told me my case is straightforward. he has seen some really bad cases getting success.

That’s good news