Query on ILR eligibility

[kumarswami]

Hello,

I came to UK on July 2008 as a workpermit holder and then visa got extended from UK until end of Apr'11. Then I returned to my home country and came back with new ICT short term visa on June'11 ( less than 90 days from the day I last left UK) and then again I had to go back to home country for changing Visa type to long term on Apr'12 and returned on 30thMay'12 and then I have been in long term visa till now.

Could you advise me is there anyway I'm eligible for filing ILR by end of July'13 ?

Thanks

KumarSwami.

[cs95tdg]

It may help answer your question if you provide the following key dates:

WP EC date:
Date of first entry to the UK on that WP:
WP LTR Expiry date:
Date you left the UK (to apply for your ICT ST visa):
ICT ST visa EC date:
Date you entered the UK on that visa:
Expiry date of ICT ST visa:
Date you left the UK (to apply for your ICT LT visa):
ICT LT visa EC date:
Date you entered the UK on that visa:
Expiry date of ICT LT visa:

You may also find the following topic informative. http://www.immigrationboards.com/viewtopic.php?t=126073

[kumarswami]

Thank you for looking into my query.Please find details below

WP EC date: 18thJuly2008
Date of first entry to the UK on that WP: 23rd July2008
WP LTR Expiry date: 14thApr'2011
Date you left the UK (to apply for your ICT ST visa): 8th May2011 (the reason for staying beyond visa validity was I applied for visa extension but while visa was in process, I had to go to home town immeidately for personnel reason so I withdrew my passport and went back on 8th May'11)
ICT ST visa EC date: 18th July2011
Date you entered the UK on that visa: 27thJuly2011
Expiry date of ICT ST visa: 30thMay 2012
Date you left the UK (to apply for your ICT LT visa): 26thApr'12
ICT LT visa EC date: 22thMay'12
Date you entered the UK on that visa: 30thMay'12
Expiry date of ICT LT visa: 14thMay'13

Now I got the new CoS and about to apply for visa extension with in UK till 31st Dec'13.

[cs95tdg]

WP LTR Expiry date: 14thApr'2011
Date you left the UK (to apply for your ICT ST visa): 8th May2011 (the reason for staying beyond visa validity was I applied for visa extension but while visa was in process, I had to go to home town immeidately for personnel reason so I withdrew my passport and went back on 8th May'11)
ICT ST visa EC date: 18th July2011
Date you entered the UK on that visa: 27thJuly2011

There are two points which I feel will impact your ILR residence period based on the immigration categories & EC dates you have mentioned.

1) Based on the following statement in the continuous residence guidance I am inclined to believe that continuous residence has been broken because there is a difference of more than 28 days between the former LTR expiry date (14thApr'2011) and the new EC date (18th July2011).

Page 14: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The continuous period is maintained if:
 the applicant leaves the UK with valid leave and re-enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.
 the applicant’s leave expires for 28 days or less whilst outside the UK and the applicant returns with fresh entry clearance.
If the applicant’s leave expires whilst they are outside the UK and they apply for fresh entry clearance more than 28 days after the expiry of their previous leave, then the continuous period is deemed broken and leave is not aggregated.

2) On what basis was your initial WP granted - was it an ICT WP? I.e. do you satisfy the following requirements if applying for ILR as a T2 ICT Migrant.
The 5-year continuous period must include time spent as:
a) a Tier 2 (Intra company transfer) migrant under the Immigration Rules in place before 6 April 2010; or
b) a qualifying work permit holder, provided that the work permit was granted because you were the subject of an intra-company transfer.
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
Immigration Rule: 245GF(d)

[kumarswami]

Thanks again for your valuable inputs.

So looks like I'm definitely not eligible for applying ILR in 2013. It's bit disappointing news but it's the way it should be as per my current stay is concerned. Perhaps could you tell me when will I get the eligibility incase I manage to stay longer by changing visa type to Tier-2 general?

Regarding your question about 'On what basis was your initial WP granted - was it an ICT WP?'
Visa type says : VISA WORKPERMIT
would that make any difference? because you are saying that there shouldn't be more than 28days between leave expiry and new EC dates.

[cs95tdg]

1) So looks like I'm definitely not eligible for applying ILR in 2013. It's bit disappointing news but it's the way it should be as per my current stay is concerned. Perhaps could you tell me when will I get the eligibility incase I manage to stay longer by changing visa type to Tier-2 general?

2) Regarding your question about 'On what basis was your initial WP granted - was it an ICT WP?'
Visa type says : VISA WORKPERMIT
would that make any difference? because you are saying that there shouldn't be more than 28days between leave expiry and new EC dates.

1) Correct, you won't be eligible for ILR in 2013 as your continuous residence was broken when you left the UK on 8th May2011. If you want information about the requirements to apply for ILR as a T2G Migrant, then take a look at the rules under: http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
Immigration Rules to apply for ILR as a T2G Migrant: 245HF(c)
2) The reason I asked you this question was to determine whether you would anyway be eligible for ILR under your current ICT immigration category. Not all economic migrant residence periods can be aggregated towards the required 5 year residence period for ILR. Immigration rules vary from one category to another, so you need to understand the rules that apply to your immigration category - Please click on the links provided and read the information applicable to your immigration category to understand. Based on my understanding of the rules, if your initial WP does not satify condition b) mentioned below, then you would not be able to aggregate that towards your ILR residence anyway. Additionally if your subsequent T2 ICT leave does not satisfy point a) (i.e. was not granted under the rules in place before 6 April 2010) then there again you would not be able to consider that residence period towards your ILR residence either.

So in essence, unless you meet the requirements below you will not be able to consider your current residence period (starting from 18th July2011) towards a future ILR application as a T2 ICT migrant.

Do you satisfy the following requirements if applying for ILR as a T2 ICT Migrant.
The 5-year continuous period must include time spent as:
a) a Tier 2 (Intra company transfer) migrant under the Immigration Rules in place before 6 April 2010; or
b)a qualifying work permit holder, provided that the work permit was granted because you were the subject of an intra-company transfer.
http://www.ukba.homeoffice.gov.uk/visas ... ettlement/
Immigration Rule: 245GF(d)

[kumarswami]

Many thanks for the detailed explanation.