Eligibility for ILR once you are out of UK for few months

[bsrao1980]

Hi,

I have been living in UK since July,2008 on Tier2 work permit. Before that from Jan 2008 to June 2008 i lived in UK on business VISA. I have worked for the same company in the above period.

I will be completing 5 years in July 2013, so that i can apply for the PR in July.

Unfortunately my contract is finished and i was told to back to India in Dec.My current work permit VISA expires in April 2013.

Few Questions:
1) If i come back to UK within few months with a fresh work permit VISA, am I eligible to apply for the PR in July.
2) What is maximum period i can stay in India after exit from UK to apply for PR
3) Once i submit the P45 form while exiting from UK, does it mean the period(4.5 years) i have lived in UK will not be considered if i come to UK in few months with different work permit VISA.

I will appreciate if someone help me for the above queries.

Thanks

[geriatrix]

Which sub-category of Tier 2 leave do you currently have?
How many absences have you had since July 2008?
How many times were you absent from UK for more than 90 days, if there was any such instance?

[bsrao1980]

Which sub-category of Tier 2 leave do you currently have?
How many absences have you had since July 2008?
How many times were you absent from UK for more than 90 days, if there was any such instance?

Hi,

Thanks for your quick response
1) My VISA is Tier2 Intra Company Transfer Leave to Remain
2) I think i have spent around 135 days outside UK Since July 2008.
3) I have not spend more than 90 days out side uk since July 2008

Thanks.

[geriatrix]

Which sub-category of Tier 2 (ICT)?
When was the last time you applied for leave to remain (extension)?
Do you intend to return with sponsorship from the current sponsor, or a new one?

[bsrao1980]

Which sub-category of Tier 2 (ICT)?
When was the last time you applied for leave to remain (extension)?
Do you intend to return with sponsorship from the current sponsor, or a new one?

Please find my answers.

1)Sub category is Skills transfer
2)I have applied for VISA extension in April 2012 and my VISA expires in April 2013
3)I am looking for the both the options.

Thanks

[geriatrix]

Leave under "skills transfer" cannot be issued for more than 6 months in total (245GC(b) and 245GE(b)), so I am not sure if you really know the sub-category you are currently in.

It is not possible to comment on whether you will be eligible for settlement unless your current and previous sub-categories since 2008 can be ascertained and without knowing under which category of Tier 2 do you intend to return to UK under.

[bsrao1980]

Leave under "skills transfer" cannot be issued for more than 6 months in total (245GC(b) and 245GE(b)), so I am not sure if you really know the sub-category you are currently in.

It is not possible to comment on whether you will be eligible for settlement unless your current and previous sub-categories since 2008 can be ascertained and without knowing under which category of Tier 2 do you intend to return to UK under.

Hi,

I have checked my CoS and it was mentioned category is Intra Company Transfer (ICT). Sub category is not mentioned. I guess it can be long term staff or short term staff. My VISA is getting extended every yeaar. Since 2008 i have been working in UK on Tier2 ICT.

If the same company sponsors me then i will back to UK under Tier2 ICT. If i get a sponsorship from UK based company then I do not know the category in this case.

Question is, what is the best way to come back to UK to get an eligibility for the PR in 2013?
And within how much time frame i need to come back from India?


Thanks.

[geriatrix]

Since a single absence of more than 90 days will reset the ILR clock, unless the absence is justified by an employer, You should return within 90 days.

[bsrao1980]

Since a single absence of more than 90 days will reset the ILR clock, unless the absence is justified by an employer, You should return within 90 days.

Will it be a problem if i submit the P45 form before exit from UK and come back to UK within 3 months from different employer with Tier2 VISA?

[geriatrix]

What does "submission of P45" (to whoever) have to do with immigration matters?

Reading 245GB(d) and 245HB(g) will help you evaluate the possible / best option(s) that may be available to you.

[bsrao1980]

What does "submission of P45" (to whoever) have to do with immigration matters?

Reading 245GB(d) and 245HB(g) will help you evaluate the possible / best option(s) that may be available to you.

After going through the above points this is what i understood.
1) I cannot consider the Tier2 general, in this case i have to apply for the new VISA only after April,2013 because current ICT work permit VISA expires on April,2013. In this case ILR clock will be reset. Because in December i will be planning exit from UK
2) I can consider the Tier2 intra company if applied under the long term staff. This has to done within 3 months once i exit from UK.

Please correct me if i am wrong.