I will be completing my five year tenure in UK by end of this year but with few complications. Wondering whether I am eligible for applying ILR as I have my PEO appointment booked on Dec 15th.
1. Landed in UK 31-Dec-05 with WP and was with Emp(A) from 2-Jan-06 till 4-May-07.
2. WP was transferred to Emp(B) later which the employment with Emp(B) started from 14-May-07 until 16-Jun-09. During this period, I applied for Tier1 general visa in Jul'08 and got the visa stamped for 3 years (Aug'08 - Aug'11).
3. I left UK with Tier1 general visa on 17-Jun-09 and returned back 28-July'09. Emp(B) offered a job immediately after my return and I rejoined them around mid of Aug'09 and employed with them till date. My P45 was taken back by Emp(B) and P60 was generated for tax year 2009-2010.
In a nutshell, I was unemployed for nearly 2 months (17-Jun'09 - 15-Aug'09) out of which I was away from UK for almost 40 days(17-Jun'09 - 28-Jul'09).
I have been away from UK in total of 164 days (including the 40 days stated above) for the whole 5 year period. Excluding the 40 days mentioned above, rest of the days(164-40=124) were treated as annual and sick leave and paid accordingly. I can confirm that none of the single absence period was more than 40 days out of these 5 years.
a) Am I still eligible for applying ILR next month as Tier1 general visa holder?
b) Will the break of 40 days outstation be treated as a break of residency? Please advise.
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