Tier 1 General ILR Query

[murlidmenon]

Hello Friends,

I find myself in this unique position owing to recent changes by UKBA. I would be highly obliged if anyone can guide me towards the right answer.

I have been in U.K. under Tier 1 (General) since 2008 and is applying for my ILR in August 2013. When I first came from India to U.K. , I was working for a company who gave me the option to move with the same company to U.K. instead of resigning from my position. I accepted their offer but as there was a job freeze in our U.K. office they offered me 3 month Secondment (Oct 2008 to Jan 2009) wherein I continued to be hired on Indian Payroll but get all my expenses paid by the U.K. Entity. After the end of first 3 month period, the extended my Secondment for another 3 month (Feb - Apr 2009) as the Job freeze was still on. They again extended it 3rd time but this time they extended it for good 6 months. During this period I went to India from Mid of April to end of May, roughly 40 days. I then found a job with another company in U.K. and have been working with them ever since. I also got my extension in 2011 which extended my visa for 2 more years.

My question is that under new ILR rules they ask you to submit proof of absences from U.K. even if it's for Annual Leaves. I can do that in my current company but can't do that with my last company as I was not hired on the U.K. payrolls and was on a secondment. Can someone please clarify , if that means I am not eligible for ILR as they would see the 40 days period spent outside U.K. as break in continuity.

[bubin123]

during those 40 days, did you got paid in UK?

[murlidmenon]

I was paid until end of April 2009 and then my secondment was renewed from Mid of May 2009. So there's a gap of 15 odd days when I wasn't paid.