Query on ILR - Number of days out of country

[jagankumar]

Hi All,
Can anyone explain how the number of days outside country is calculated.
In my case, I was in work permit since Oct 2005 till April 2008. And then Applied for Tier1 general and entered into UK in Sept 2010.
Total 2 years and 6 months in work permit
and 1 year and 4 months on Tier1 Till date
To get eligible for ILR, Can I apply for my ILR in Feb 2013 (by adding 2.5 years in work permit and 2.5 years in Tier1 G) ?
Or Since I got 2.5 years break out of country, do I need to start calculating my Incountry available from Sept 2010 and would be eligible only from Sept 2015?

Note: I been out of country purely for the business reason. My Employer want me to setup the offshore team and stabilise it. It took 2.5 years. Am still employed with the same employer. But during my break I was paid in India not in UK.

[mulderpf]

No, when you left the country for 2.5 years, your ILR clock was reset.

[jagankumar]

Thanks for your immediate response, just in curious... even cant we justify by providing letter from my employer states that I was sent to India for business purpose?

[mulderpf]

No, where to begin!?!??!

How do you intend on proving that you had continuous residence in the UK when you were clearly gone for 2.5 years (previously you actually cited personal reasons for not coming to the UK from the date you received your Tier 1!).

You will find it almost impossible to prove continuous residence when you were away for 2.5 years, had no ties back to the UK during this time (other than your employer who weren't even paying you in £££'s) and you probably paid tax in India, not the UK during this time too?

A 3 month break is considered exceptional, 6 months is truly exceptional, 2 years is a case for tribunals - 2.5 years is just beyond all that!!

[jagankumar]

Thanks for your response. Now its clear for me that I cant apply ILR until 2015.

Regarding your question

(previously you actually cited personal reasons for not coming to the UK from the date you received your Tier 1!).

My company sent me back to India in 2008 to setup offshore team, At that time i was in Work permit, before I leave UK ..I applied for HSMP initial approval and after my EC as Tier1 thought of coming on my own but due to personal reasons I could not travel to UK, and then finally when i decided to start to UK, my company offered me to continue my job in UK for different customer. So technically am still working for same company since 2005, in between in different companies.