ILR Eligibility

[anivijay]

Hi,
I have written my case below. Please, can you advise whether I'll be eligible for ILR on any ground.

I came to UK for the first time in June-2001 and stayed until Oct-2004 (Work Permit valid from Mar-2001 to Mar-2005). Due to the work movement to offshore, my employer asked me to work from offshore for an year. Then, I came back to UK in 2005 for a month then Aug-2006 until May-2008 (Work Permit valid from Aug-2006 to Aug-2008) and Aug-2009 until May-2011 (Tier-2 ICT Visa valid from Aug-2009 to Aug-2011). I am here again from May-2012 and I would stay until Mar-2017. I am on Tier-2 ICT Long Term.

All the time, I have been with the same employer.

I would like to know whether I can apply for ILR?

Thanks in advance for your reply.

[manci]

please post:

the start and expiry dates of all your visas
and
all your arrival and departure dates in/from the UK
and
reasons for the absences from the UK

[anivijay]

Thanks Manci.

Please find the details below.

1. WP : 05-Mar-2001 to 05-Mar-2005 (Entry 17-Jun-2001 - Exit 07-Nov-2004)
2. Break : 08-Nov-2004 until 16-Apr-2005 (Reason - Work movement to offshore)
3. BV : 06-Apr-2005 to 06-Oct-2005 (Entry 17-Apr-2005 - Exit 15-May-2005)
4. Break : 16-May-2005 to 11-Aug-2006 (Reason - Continued to work from offshore)
5. WP : 24-Jul-2006 to 24-Jul-2008 (Entry 13-Aug-2006 - Exit 03-May-2008)
6. Break : 04-May-2008 to 30-Aug-2009 (Reason - Continued to work from offshore)
7. Tier-2 ICT: 28-Jul-2009 to 29-Jul-2011 (Entry 31-Aug-2009 - Exit 23-May-2011)
8. Break : 24-May-2008 to 08-May-2012 (Reason - Continued to work from offshore)
9. Tier-2 ICT: 15-Mar-2012 to 13-Apr-2015 (Entry 09-May-2012 - )

Please let me know if require any further information.

Thanks
Vijay

[manci]

Unfortunately it looks that you are not eligible for ILR on the 5 year route. The reason is the break in continuity - you did not have leave between 29 July 2011 and 15 March 2012.

This could have been avoided if you had applied for a new T2 ICT visa from abroad within 28 days of 29 July 2011 but because the rules introduced in April 2010 require that for T2 ICT migrants applying for ILR the 5 years include a period of leave before 6 April 2010 you are now ineligible to apply.

There is also the 10 year route but for this the qualifying period would only end in May 2022.

btw - under point 8. 2008 should presumably read 2011.

[anivijay]

Thanks Manci.

I'm completing 3 years in the current visa by next March. If the visa is extended for another 2 years, would I be eligible by 2017?

Could you please explain how to proceed in 10 year route, also?

Thanks

[manci]

Thanks Manci.

I'm completing 3 years in the current visa by next March. If the visa is extended for another 2 years, would I be eligible by 2017?
no, for the reason explained above


Could you please explain how to proceed in 10 year route, also?
just by staying in the UK for 10 years but certain absences are allowed. The rules are here:
https://www.gov.uk/government/uploads/s ... e-life.pdf
Thanks