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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2172
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi There, I have asked this query in an earlier thread,

Customer Question

Hi There,

I have asked this query in an earlier thread, but this one is the modified version (As the circumstances have changed).

Query - I had landed in UK in January 2009. I am basically from India and my company in India, sponsored my work permit in 2009. The initial work permit was valid for 18 months (Dec 2008 to June 2010).

Then my assignment was extended in 2010, 2011 and 2012 on Intra company transfer (Tier 2) for the same company. The last extension was done in 2012 and it allowed me to work in the UK till June 2013.

Recently, I got a sponsorship from a UK company (Tier 2 General Visa) for 3 years and now my visa is valid up to June 2016.

So I have made an employment switch in March 2013. I am currently serving the notice period in my current company. During all these visa extensions and employment change, I have got the visa from with in UK only. So I have a single entry clearance visa (which was issued in Jan 2009) and since then extensions (till 2012) and then employment change in March 2013.

I wanted to know if I am eligible for a Permanent Residency (ILR) in the UK once I complete 5 years. I will be completing 5 years in the UK in Jan 2014.

Thanks,
Ravi.
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  UK_Lawyer replied 1 year ago.

Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

 

Just to clarify:

 

Where all visa extensions made in time?

Have you always been on a tier 2 visa?

 

Kind regards

Customer: replied 1 year ago.

Hi,

 

Below are the answers to your queries

 

Where all visa extensions made in time?

These visa extensions were made from with in the UK. I think by "time" you mean if these extensions were made within the time, if so the answer is yes. So every extension took place around 1 -2 months before the visa expired.

 

Have you always been on a tier 2 visa?

From Jan 2009 till June 2010, I was on a work permit. I was provided a paper work permit which mentioned my client name and my sponsor name in the UK (I am not sure if a company sponsored work permit is called as Tier 2 visa in 2009)

Since 2010 onwards, I have been getting extensions in Tier 2 (ICT) category.

 

 

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

You are correct in assuming that there was no 'Tier' subcategories in existence in 2009 so you would have obtained a work permit.

In your case you have been in continuing employment since your arrival to the UK and in this case you will be able to apply for naturalisation once you have completed 5 years in the UK.

What you need to ensure that as you are on a tier 2 visa , you will need to provide evidence that you are earning the amount stated in your contact by providing at least 6 months work of bank statements, employment contract, and payslips.

At present, you cannot apply for settlement until you have been in the UK for a continuous period of 5 years in an eligible immigration category.

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness). Your sponsor must confirm the reason if it was related to work. You must confirm the reason for the absence if it was for a serious or compelling reason.

This 5-year continuous period can include any time that you have spent in the following immigration categories before you applied under Tier 2:

• member of the operational ground staff of an overseas-owned airline
• minister of religion, missionary or member of a religious order
• qualifying work permit holder (Applies to you)
• sole representative of an overseas business
• representative of an overseas newspaper, news agency or broadcasting organisation
• any Tier 1 category, except Tier 1 (Post study work)
• highly skilled migrant
• innovator

In your case as you have spend the required time in the UK on a work permit then this will count and be added to the time you have spent as a tier 2 migrant whether it be ICT or general.

Once you qualify for indefinite leave to remain you can apply using the following for SET 0 , please see the following link:

http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/settlement/

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
Customer: replied 1 year ago.

Hi,

Thank you for the answer. I would like to check on the point

 

During the continuous residence period, you cannot be outside the UK for more than 180 days in any 12 consecutive months. The absences must be for a reason that relates to the purpose of your leave in the UK, or for a reason that relates to the purpose of your leave in the UK, or for a serious compelling reason (such as a serious illness).


I have never been out for more than 180 days in any consecutive 12 months. But I have been on leave and went back to India in

1) Dec 2010 (for around 25 days)

2) Nov 2011 (for around 21 days)

3) March 2013 (for 15 days).

All these visits were just to have a break from work and to see my family in India.

Apart from this I had made following visits for work:

1) Nov 2009 and Jan 2010 and April 2010 to Belgium ( 4 - 5 days each visit)

2) Sept 2010 ( 4 days), Feb 2011 ( 4 days) and March 2011 (15 days) to Turkey.

3) Sept 2012 - 2 days trip to Italy.

4) Oct 2012 - 15 days trip to France.

As you can see some absence were for work and some were for break.

 

Does the statement The absences must be for a reason that relates to the purpose of your leave in the UK
mean that I have to justify each and every period I have been out of UK ? As you can see these are very short period leaves (sum of all does not go even 100 in a consecutive 12 months time).

 

Thanks.

Expert:  UK_Lawyer replied 1 year ago.
Thank you for your reply.

No this does not mean that you have to state a reason for every time you left the UK and returned home. What this relates to this you being outside of the for over 180 days in one year. As stated these will be overlooked if it was because of serious illness etc.

You may wish to provide a breakdown just to ensure that the UKBA understand the reason for you absence from the UK. You may wish to provide evidence of your annual holidays from work and any work related absences.

I hope this answers your question, if so kindly rate my answer positively. If however, you feel that the answer does not cover all the points raised in your question, please DO NOT rate my answer negatively, I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer, Solicitor
Satisfied Customers: 2172
Experience: I am a qualified solicitor and an expert in UK law.
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

Hi, Thanks for the reply,


 


Another query: What you need to ensure that as you are on a tier 2 visa , you will need to provide evidence that you are earning the amount stated in your contact by providing at least 6 months work of bank statements, employment contract, and payslips




Wanted to check if it is fine to provide six months salary slips and account statement or is it mandatory to provide salary slips and account statement for the whole 5 years of period when I apply for PR.


 


Also, how much time the whole process take, I understand that I can apply 28 days before I complete 5 years.


 


Would it be advisable to go via a solicitor (and a premium appointment if available) ?


 


Thanks.


Expert:  UK_Lawyer replied 1 year ago.
Thank you for your new query.

I will be happy to answer your new question, but would be grateful if you could rate my previous answer positively first.

Kind regards
Customer: replied 1 year ago.

Hi,


 


I am happy to rate your service, but the query asked above is a sub query of the original one. If I go for a new query, I think I will have to pay again but if it is not so, I would be happy to post a new query, else would request you to reply to my query as it is an interrelated one.


 


Thanks.

Customer: replied 1 year ago.

Hi,



I rated your service. Sorry, I misunderstood your statement :)


 


Thanks.

Expert:  UK_Lawyer replied 1 year ago.
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Customer: replied 1 year ago.

Hi,


Thanks again. Actually by '28 days' I meant 28 days before completing 5 years. Is my understanding correct.


Thanks.


 

Expert:  UK_Lawyer replied 1 year ago.
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