Do I qualify for ILR?

[nav2010]

I am in UK since 07-Feb-2006 on a work permit visa sponsored by my employer. I am with the same employer since then.
But during the following durations I was outside UK on employer work
1) 03/01/2007 to 31/08/2007
2) 21/02/2008 to 07/06/2008
3) 21/06/2008 to 06/07/2008
4) 08/06/2010 to 07/07/2010

Do I qualify for ILR visa in Feb 2011?

[xyz123]

where was ur salary paid? in UK or abroad? do you have any official confirmation from employer that these absences were mandatory for maintaining your employment.

if so you may have a chance, even though your absences are quite long. contact a solicitor.

[nav2010]

Thanks for your reply.
I can get the official confirmation from the employer that the absences were mandatory.
I was paid both in UK and abroad for 4yrs. Only now I am paid completely in UK.

[xyz123]

Thanks for your reply.
I was paid both in UK and abroad for 4yrs.

u mean u were getting two salaries when u were abroad or sometimes u were paid in UK and sometimes in abroad?

[avjones]

How many days is it altogether? Were you out of the UK for other periods, for holidays, etc?

the rule states:

245ZH. Requirements for indefinite leave to remain

To qualify for indefinite leave to remain as a Tier 2 Migrant, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:

(a) ......

(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK

the Home Office guidance says:

In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
•
there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.
NB: Decisions in such cases must be taken at HEO level or above.
In cases involving breaks in residence and/or employment or self-employment other than or in excess of those detailed above,

So I think you could have some trouble, to be honest. You'd be relying on the caseworker's discretion, and you have been out for more than 3 months in one go on several occasions, as well as going over the 180 days in total.

[nav2010]

Altogether I was out of UK for 391 days.
No, I was not out of UK for holidays.

Is it worthwhile taking the risk? Considering that I will also be applying for my spouse and kid.

To <<xyz123>> - When I was out of UK I was getting allowances.

Appreciate your help.

Thanks.

[xyz123]

To <<xyz123>> - When I was out of UK I was getting allowances.

Appreciate your help.

Thanks.

u r still not answering the question. were u getting two salaries? where were u paid while u were out of UK.

personally i think u would struggle to get ILR, however the way they do things at home office i wouldnt be surprised if u get yours. contact a lawyer and see what they say.

[nav2010]

My apologies!!
I was getting two salaries and was paying taxes in UK and in India.
I was paid in India while I was not in UK.

Thanks for your advice.