ILR - 5yrs period query - Visa gap

[DivyeshS]

Hi All,

First of all, I would like to appreciate the owner, moderators, senior members and also rest of the member of this forum for their contribution. I have been reading this forum since last few days and I can say that very good content is available.

Below is my details of various visas and my entry and exit on those visas.

VisaType: WP1 Valid from: 10th Aug 06 Valid till: 10th Aug 07 Entry: 20th Aug 06 Exit: 9th Sept 07
VisaType: WP2 Valid from: 16th Oct 07 Valid till: 16th Oct 09 Entry: 17th Nov 07 Exit: Was in UK
VisaType: Tier 1 Valid from: 19th Aug 08 Valid till: 19th Aug 11 Entry: In UK Exit: Still in Uk

Now here is the complicated bit.

• * When my first WP was about to expire, my x-employer applied for the work permit extension in June 2007.
  
  * During this application UKBA had requested some information from my employer. For whatever reason my employer delayed in providing requested information to UKBA.
  
  * Finally extension application got rejected on 6th Sep 2007 because of incomplete information in application. My current leave to remain was already expired by then.
  
  * At this point home office gave us two choices. I) Either apply fresh WP application from within the UK (only condition is i shouldn't be working during this period as i don't have valid WP) II) Or go back to India and then apply fresh WP again.
  
  * Now b'coz of the project criticality, not working for the period while my WP application is under process was not an option and hence I went back home (India) and worked from home while i got new WP. (was away from 9th Sept 2007 to 17th Nov 2007 - 68 days)
  
  * During this period i was getting paid in UK and I have proof for this (both pay slip and bank statement).

Could I get some expert advise on my situation? Whether I am eligible for ILR by Aug 2011 or not based on the above circumstances?

Regards,
Divyesh

[DivyeshS]

Hello all,

Any thoughts please?

Regards,
Div

[xyz123]

IMO your ILR clock was re-set when you entered UK on 2nd WP.

[DivyeshS]

Thanks xyz123 for the prompt reply.

I have all the financial proof, residential proof during the period when I was not in UK to prove that I was getting paid in UK as well as I had property rented as well. Do you see any possibilities that caseworker may apply discretion in this case?

Regards,
Div

[xyz123]

Thanks xyz123 for the prompt reply.

I have all the financial proof, residential proof during the period when I was not in UK to prove that I was getting paid in UK as well as I had property rented as well. Do you see any possibilities that caseworker may apply discretion in this case?

Regards,
Div

I doubt that but you seem to have a odd case where you were being paid during absence out of UK. so there may be a very very slim possibility. i think you should consult a solicitor.

Bear in mind that your company might be in breach of UK immigration law by employing someone without a valid work permit when you were out of UK waiting for 2nd work permit. How can that be explained? your company failed to apply with proper documents. Subsequently given a choice they decided to make out of country applicaiton and you agreed and left UK. so it is difficult to jusify your absence and more importantly the gap in visa.

[DivyeshS]

Thanks again for the reply.

Well, that's the plan. I am going to consult solicitor for my scenario.

In terms of my employer, as they are one of the biggie IT company in Uk, i don't think so they would have missed any points in terms of immigration. Also the two choices for new WP was also given by HO to my employer as they (HO) knew the situation. I have also got few email conversation proofs between HO and my employer around this.

I'll post more on this once I discuss with solicitor.

Regards,
Div

[xyz123]

In terms of my employer, as they are one of the biggie IT company in Uk, i don't think so they would have missed any points in terms of immigration.

Irrelevant, just because one works for a big company, doesnt allow for any descretion for your ILR application. at the end of the day, if they really knew what they were doing, your first application would not have been rejected

Also the two choices for new WP was also given by HO to my employer as they (HO) knew the situation.

Did HO also mention the impact of both choices on future settlement application. HO has to give chocies to you and if you chose one which affects your future application, that's down to you.

dont mean to discourage you but just saying what HO might think. i suggest that you ask these to solicitor to find out if s/he really knows what they are talking about. if your application falls through then solicitor will raise the hands saying you left the country and you will be out of pocket.

good luck.

[DivyeshS]

I do agree that working for a big company doesn't mean different rules are applicable. I think rejection was because of the carelessness of the person who applied for extension. Anyway that's past now.

Also HO didn't say anything about the implication of both options on future settlement application.

Anyway, you have raised valid points which I can raise against solicitor and see how he/she is responding to it. If they also say clear no then worst case I'll be eligible for ILR by Oct 2012.

Regards,
Div