ILR urgent query..am I eligible

[qmenon]

ILR complicated case, please let me know if I am eligible or not.
I came to Uk on a work permit in Jan 2007 and then shifted to Tier 1 in Sep 2008.Before changing my visa I had to go to India for 3 months as my assignment in uk had completed. I came back within the 180 days period and applied for my tier 1 which I first got for 3 years til 2011 and then renewed it for another 2 years, that is valid until June 2013.
Say if I am to apply for ILR on 2nd of March below is the details of my 5 years tenure:

1. Year 1:from 02-Mar-13 to 01-Mar-12(29 days absent) Visa=Tier1
2. Year 2:from 02-Mar-12 to 01-Mar-11(0 days absent) Visa=Tier1
3. Year 3:from 02-Mar-11 to 01-Mar-10(19 days absent) Visa=Tier1
4. Year 4:from 02-Mar-10 to 01-Mar-09(14 days absent) Visa=Tier1
5. Year 5:from 02-Mar-09 to 01-Mar-08(75 days absent) VIsa = Tier 1 & Work permit
breakdown of year 5:02-Mar-09 to 01-Mar-08 based on visa as below
02-Mar-09 to 01-Sep-08 = Tier 1 (no days absent)
01-Sep-08 to 01-Mar-08 = work permit(absent for 75 days between april and july)- Now during these 75 days I was in India as my assigment in UK got over and my employer sent me back. Will this be covered as break in continued stay and not make me eligible for ILR?

appreciate if someone could help me please.

Thanks
J

[qmenon]

Hi, Can somebody please give a feedback on my above query.

Thanks very much in advance.
J

[wpilr_nov12]

Lets take things one step at a time -

please supply the following information

date of wp visa stamp
date of uk entry on wp visa
date of wp visa expiry

date of t1 visa issue (if in uk)

date you went to india
date you came back after 3 months

expiry of your current t1 visa

[qmenon]

Hi Guru..
Thanks very much for ur message, please find answers in response to your queries:
date of wp visa stamp :03/01/2007
date of uk entry on wp visa: 06/01/2007
date of wp visa expiry:19/11/2008

date of t1 visa issue (if in uk) 10/09/2008
above t1 expiry:09/09/2011

date you went to india:20/04/2008
date you came back after 3 months :04/07/2008

expiry of your current t1 visa:23/06/2013( valid from 15/07/2011)

Thanks very much,
J

[qmenon]

Hi guru,
It would be great if you could let me know ur feedback based on the above info..

Thanks very much!

[purplepple]

You were eligible 28 days before 3/1/2012.

[qmenon]

Thanks for the response purplepple.
Sorry does that mean I am still eligible?
Also what about the break when I had to go to India for 3 months- can that absence period be ignored?

[ilrapplicant2013]

Thanks for the response purplepple.
Sorry does that mean I am still eligible?Also what about the break when I had to go to India for 3 months- can that absence period be ignored?

I was thinking it is obvious , but given the no of instances I have seen questions on this line, I thought I might as well clarify.

So isnt 5 years (in this case) a 'minimum' requirement to be eligible, there is no maximum right, as long as you have a valid permit to stay in UK (Tier 1 / 2), you could apply anytime ?

[qmenon]

Hi, Well it is obvious, but I wanted to know if the break in my stay can be ignored.I was away for 60 days from Uk and was not paid in UK payroll as my assignment was complete. During these 70 days I was on a work permit and not sure if this absence can be ignored- This is the main question I have.

Thanks,

[wpilr_nov12]

To be on safe side, you may want to plan for August ILR application. This would require you to have one more extension.

Under what circumstances did you return to UK on 4/7/2008? Presumably your visa had not been curtailed by UKBA, or your employer had not notified UKBA of your return. Did you come back and work for the same employer again?

[qmenon]

Hi Guru,
I cannot plan an Aug ILR application as my current tier 1 expires in June!
I came back to UK by taking leave from my current employer, the main reason was because I wanted to get Tier 1 visa stamped on my passport as I had already received the hsmp letter of approval.
So when I was back in the uk, even though I was employed by the same employer, I was not paid in UK. Eventually when I got my Tier 1 stamped, I switched to another employer.

Thanks,
J

To be on safe side, you may want to plan for August ILR application. This would require you to have one more extension.

Under what circumstances did you return to UK on 4/7/2008? Presumably your visa had not been curtailed by UKBA, or your employer had not notified UKBA of your return. Did you come back and work for the same employer again?

[qmenon]

Hi,
Can someone please confirm if the above mentioned absence period can be ignored?

Thanks,

[purplepple]

If the Home Office doesn't know then it's fine I guess.

[cs95tdg]

I cannot plan an Aug ILR application as my current tier 1 expires in June!

If you calculate your ILR residence period from the date you returned to the UK after your 70 day absence, then the earliest you would be eligible to apply for ILR would be 28 days before 4/7/2013. I.e. http://www.timeanddate.com/date/dateadd ... &ad=28&aw=
WP Residence: 04/07/2008 - 09/09/2008
T1G Residence: 10/09/2008 onwards

However, because of the following statement you have made, I cannot confirm whether the WP Residence period above would be accepted - I.e. as you may have been in breach of the terms of your WP, as you were not paid in the UK. May I ask why you were not paid in the UK, after your return?

So when I was back in the uk, even though I was employed by the same employer, I was not paid in UK.

As wpilr_nov12 has suggested, the safest option would be to apply on the basis of your T1G residence, but this means you would need to apply for a T1G extension to cover the gap in your residence period.

You may find the following thread informative. It provides a reference to rules around how much unpaid leave is allowed when working under an employer sponsored immigration category. http://www.immigrationboards.com/viewtopic.php?p=779216

[anustaya]

Hi forum,

I am also planing to apply for my ilr under the 10 years route. However my first entry into the UK wS on a vistors visa. I went back for a nee entry clearance and return with working holiday. Since then I have been on student dependant and resident permit all obtained in-jouse. If I include my firt entry in Dec 2002, I have been in the country for well over 10 years. Does my time spent on the visitors visa count as continuous lawful residence. Please reply.

[qmenon]

Thanks for the reply everyone, I am still unsure if I can apply for ILR because of the 70 day absence period when I was employed by the same employer but not paid in UK.
Any suggestions for good solicitors would be very much appreciated.

Thanks,

I cannot plan an Aug ILR application as my current tier 1 expires in June!

If you calculate your ILR residence period from the date you returned to the UK after your 70 day absence, then the earliest you would be eligible to apply for ILR would be 28 days before 4/7/2013. I.e. http://www.timeanddate.com/date/dateadd ... &ad=28&aw=
WP Residence: 04/07/2008 - 09/09/2008
T1G Residence: 10/09/2008 onwards

However, because of the following statement you have made, I cannot confirm whether the WP Residence period above would be accepted - I.e. as you may have been in breach of the terms of your WP, as you were not paid in the UK. May I ask why you were not paid in the UK, after your return?

So when I was back in the uk, even though I was employed by the same employer, I was not paid in UK.

As wpilr_nov12 has suggested, the safest option would be to apply on the basis of your T1G residence, but this means you would need to apply for a T1G extension to cover the gap in your residence period.

You may find the following thread informative. It provides a reference to rules around how much unpaid leave is allowed when working under an employer sponsored immigration category. http://www.immigrationboards.com/viewtopic.php?p=779216