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UK_Lawyer
UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2134
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi there. I am currently in the UK under a Tier-2 Visa (ICT

Resolved Question:

Hi there.
I am currently in the UK under a Tier-2 Visa (ICT EST Staff). I initially came to UK under the old Work Permit scheme in November 2008 and that was for two years. After two years, in November 2010, I managed to obtain the Tier-2 ICT EST Staff arrangement where my employer became the sponsor - this is for 3 years. In the next few months (November 2013), this Visa is going to be expired. My total time in UK now is currently at 4 years 7 months (will be 5 years in Nov 2013). I am now left with two options:

1. Extend my Tier-2 Visa
2. Apply for Permanent Residence (ILR)

My first question is, is option #1 possible? My current salary now is less than £40k p.a, but might be so in 2014.

Another question is regarding Permanent Residence (ILR) application - The only reason why I am reluctant to go through this route is because I have previously been outside of the UK for 4 months continuously once in early 2011 and 3 months continuously once in 2012 (these were all for business reasons). Of course there were also some holidays I took throughout the years. The total number of absences from UK within the 5 years is currently at 380 days. Am I still eligible to apply for ILR?
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.

What are you currently employed as?

Kind regards
Customer: replied 1 year ago.

I'm currently employed as an IT Security Executive, in the line of Information Technology (Computer Security)

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

What is the required salary for your soc code?

Kind regards
Customer: replied 1 year ago.

According to http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/pointsbasedsystem/cop-skilled-workers.pdf

SOC 2139

Salary rates: New entrant: £20,300* / Experienced: £28,400

* [or £19,700 for applicants who entered Tier 2 under the Rules in place before 6 April 2011 and are
not subject to the experienced worker rate]

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

1. Yes you are able to apply for further leave to remain as a tier 2 migrant, you can stay in that category for at least 6 years, but not longer. So yes you can extend your stay in the category provided your employer is willing to sponsor your application and pay you the required amount under your soc code.

2. Please see following link I'm respect of meeting the requirement for indefinite leave to remain :

http://www.google.co.uk/url?sa=t&rct=j&q=residency requiremeny for indefinite leave to remain&source=web&cd=2&ved=0CEYQFjAB&url=http://www.ukba.homeoffice.gov.uk/sitecontent/documents/policyandlaw/modernised/cross-cut/ilr-calculating-continuous/ilr-calculating-continuous.pdf?view=Binary&ei=DWy_UabmDsTeOKrqgPAI&usg=AFQjCNFhERIJQEdUE3YTOgMDvquS8425fA&bvm=bv.47883778,d.d2k

In particular page 19, it states that provided you do not have absences from the uk for more than 180 days prior to 12 months of applying it should not mean an automatic refusal.

In respect of employment related absences provided you can provide evidence of this then you should not have any issues with applying.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. 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: 2134
Experience: I am a qualified solicitor and an expert in UK law.
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