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Please Help, ILR and gap between two leaves (work permit)

Posted: Thu Feb 28, 2013 1:10 pm
by FMB22
Dear members
I am loking for your help to understand qualifynig period to apply for ILR.

Details are as following.

switched from student to leave to remain(work category)- 1 Dec 2008 till 1 Dec 2009
Applied for extension under Tier2. 26 Nov 2009 and refused on 29 Dec 2009 caz employer was waiting for Licence to issue COS.
Appeal submitted within time limit.
Employer was issued licence on 10th Jan 2010
COS was issued 1st Feb 2010 wich forwarded to Tribunal and UKBA.
Appeal was heared 10th Feb and UKBA representative mentioned we don,t have any objection caz appellant has been issued COS.
Appeal dissmissed on 26 FEB 2010 and allowed to go upper tribunal and judge mentioned at the time of application had not COS.
Dissmissel notice received on 9th March caz notice was delivered at wrong address thats y received late.
Re applied on same day 9th March for extension to ukba with COS which was not avail able with the first application.
extension was granted on 13th april till 15 FEB 2013 ( processing time 33 days)
another extension has been granted recently on 12 Feb 2013 till 1st March 2016.

Question.
Am i eligible to apply for ILR in Nov 2013?
33 days process time between two leaves will be considered processing time or overstaying time caz i had not extension of leave under sec 3 that time but wen i re applied i was on leave under sec 3c?

please help.
Regards

Posted: Thu Feb 28, 2013 10:53 pm
by FMB22
waiting for advice from Guru and other senior members.
please read my details and advice.
Regards

Posted: Fri Mar 01, 2013 2:42 pm
by FMB22
Moderators,Guru, senior members
waiting for advice

Posted: Sat Mar 02, 2013 2:45 pm
by FMB22
Advice please. waiting for response from members.

Posted: Sat Mar 02, 2013 7:43 pm
by cs95tdg
You will need to be patient. Forum members will respond if and when they can.

At a glance I'd say you should probably seek legal assistance to understand whether your lawful residence was broken at any point in time (E.g. 29 Dec 2009 to 13th Apr xxxx).

Posted: Sat Mar 02, 2013 11:58 pm
by FMB22
Thanks cs95tdg.
I took legal advice before 13 Dec 2012 and was told by solicitor that till 9th March 2010 i was on extension of leave under sec 3c but the period between 10 March 2010 till 12 April 2010(33 days) is overstaying whereas 28 days period could be dissregarded for ILR.
But guidance published on 13 Dec 2012 says any period spent under consideration of application may be dissregarded as well?
my overstaying period is that when application was in the Home office for consideration.

Regards

Posted: Wed Mar 06, 2013 2:13 pm
by FMB22
any comments pl?