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Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6260
Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Team I have been in UK from Aug 2008 until now on Tier

Customer Question

Dear Team

I have been in UK from Aug 2008 until now on Tier 2 ICT with a catch that I was out of UK around 15 months (Jul 2010 to Oct 2011) in a single stretch. However if I align my ILR application submission in Dec 2013, I can balance the single absence into two pieces as 170 days and 320 days respectively in yearly backward matrix the way UKBA will read.
I have been working for same employer for last 7 years both in India and UK hence can get an employer letter for the gap suggesting work responsibilities being shifted to India for a while (for absence period including 2-3 months personal holidays as well) and partly on grounds of planning for our first baby while in India (Jun 2011 to Oct 2011). Hence I was not able to travel back to UK (to be within 180 days limit in 3rd Year) before October as between June 2011 and Oct 2011 my wife needed continuous medical attention and care due to slight medical complexity. She conceived in early July 2011 (in India) and delivered baby in May 2012 (in UK). I have all medicals documents for her both from India and UK
My query is whether I am eligible to apply for ILR as I have completed 5 years (from Aug 2008 to Aug 2013) though with a gap and what are my chances of a successful ILR?

Below is the calculation of absence days if I apply for ILR on 10th Dec.
YEAR TO FROM Out of UK (Days)
1st Year 10-Dec-13 11-Dec-12 16
2nd Year 10-Dec-12 12-Dec-11 15
3rd Year 11-Dec-11 12-Dec-10 319
4th Year 11-Dec-10 12-Dec-09 163
5th Year 11-Dec-09 12-Dec-08 12



With your top expertise, appreciate your pivotal response in the regard.
Thanks
Amit

PS: If any solution available, what will be the professional service charges for related application.
Submitted: 10 months ago.
Category: UK Immigration Law
Expert:  Thomas replied 10 months ago.
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Expert:  Thomas replied 10 months ago.
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