ILR After 5 but with gap due to redundancy

[manishv]

Hi,

  I have a slightly complicated story and therefore, I really need your advice as to whether I am eligible for ILR or not? On 04/10/2006 I was granted the work permit for the UK and I entered the country on 22/10/2006.  My work-permit was filed by the company X and hence I was also tied to company X. 

In January 2009, I resigned from the company X and joined another company Y. Due to HR manager's oversight, the company Y failed to file for the change of  my work permit from the company X to the company Y. 

Both the company Y and I  realised the HR manager's failure to file for the change of work permit on 01/03/2009.  However, by this time it was too late and the deadline to change my work permit had already passed. As a result, the company Y promptly made me redundant and reported the incident breach to the Home Office.  

The company  promised to hire me back again and the company lawyers advised me to stay in the country, so that they can apply for an in-country work permit. I was issued a Tier 2 work permit on 18/06/2009 which is valid till 31/05/2012. Since then, I have been working for the same company.

  Now, my questions are the following:
(a) Has the break in my work permit  in 2009, annulled the period between 2006 and 2009?
(b) Is it possible to claim this period towards my ILR application, as I have been staying in the country since 2006?
(c) My current work permit is expiring on 31st May 2012, should I apply for Tier 2 extension or apply for ILR?

Any suggestions or advice would be highly appreciated.[/b]

[Chikky]

i dont think you should have any issues. As long as your recent 12 months duration can prove you were on continous employment you should be fine.

all the best