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Change in WP - ILR possible ??
Posted: Mon May 21, 2012 5:53 pm
by bhanu6979
I had valid WP (G) visa when I switched my company in mid August 2010. To join I went to India and my Visa (T2G) was processed, which took a month. I was back in UK at the end of September 2010.
I have got my SAR report which suggest my visa was not cancelled during this period.
I need advise from members if I stand chance for ILR for which I'll be eligible in November 2012.
Thanks
Re: Change in WP - ILR possible ??
Posted: Mon May 21, 2012 6:00 pm
by dimsav
Since this absence was less than 90 days, your continuous residence in the UK is not broken, and you should fine (provided that all the other conditions are met).
Posted: Mon May 21, 2012 9:49 pm
by Smam
Hi
To the best of my knowledge your Visa status wont get cancelled if you're switching from WP to Tier 2 in which case both of the categories are pretty much the same how ever you'll definitely get some kind of documented proof from the UKBA acknowledging the changes in your visa status.
As replied to you in one of the post earlier to mine I think you should be fine as your absenses are less than 90 days.
Hope this will answer your question.
Good luck for your ILR.
Posted: Mon May 21, 2012 10:30 pm
by bhanu6979
Hi,
Thanks for the replies. I'm not sure if I was clear in my post to explain that I changed my company and joined another who processed my visa.
I am worried that my changing the company (and going out of UK) would be considered break. Would it be considered ??
In SAR report I can see UKBA comment that "No curtailment required", as by that time (on comment date) I was already in UK on T2G sponsored by my current employer .
Regards
Posted: Tue May 22, 2012 1:48 am
by dimsav
bhanu6979 wrote:I am worried that my changing the company (and going out of UK) would be considered break. Would it be considered ??
No, it wont. To be eligible for ILR, the UKBA must be satisfied that you have spent in the UK a
continuous period of 5 years in approved employment. During that period you may change your employers, of course, obtaining a new WP/T2 visa each time. The continuity is automatically broken, if there is a singe absence for more than 90 days, which is not your case.
Please see the modernised guidance on
how to calculate continuous period in UK, and also search the forum for similar cases...