Please advice - Impact of Visa Gap on ILR application

[imranb]

I have a query on my ILR prospects.

I came into UK in Feb 2007 on a WP, and my WP/Tier 1 progression is as follows:-

1st WP - 25/01/07 to 25/01/08
2nd WP - 25/01/08 to 25/01/09
3rd WP - 07/02/09 to 07/02/10
1st Tier 1 - 17/04/09 to 17/04/12

I will complete my qualifying period of 5 years in Jan 2012, which is not the issue. My issue is the gap of issual of my 3rd WP visa. If you notice above, my 3rd WP has been issued with effect from 07/02/09, whereas my previous WP expired on 25/01/09. The reason for this was that my organisation sent my WP for a 3rd renewal on the last day on which it expired (i.e: 25/01/09), and by the time the home office processed my application, it was March 2009, and they somehow stamped a issual date of 07/02/09 on this 3rd WP visa. So there is a gap of 12 calendar days between the expiry of 2nd WP and the issual of the 3rd WP.

My question is whether this gap between visa issuals will create any problems for my ILR application. Having said that, I have been away from UK only about 50 days in the last 5 years with no single trip more than 18 days.

Some sound advice from the moderators and/or anyone who has knowledge on this issue or with similar circumstances will be highly appreciated.

Best Regards,
Imran

[imranb]

Any response would be highly apreciated. Moderators? Gurus? help please...

[Polat]

as far as I know .. that you have 28 days after you work permit ends in order to get new permit or leave the country.
please check and read back of your work permit and see what they written there .. I remember I have read it there before ...
and let me know what you willr ead please

[xyz123]

As long as your company applied in time, its ok. Ask your company if they can provide proof of sending application before WP expiry date. Alternatively you can ask for SAR file from UKBA, which should show all your applications.

[ddb]

My question is whether this gap between visa issuals will create any problems for my ILR application.

It would create absolutely no problems.

Having said that, I have been away from UK only about 50 days in the last 5 years with no single trip more than 18 days.

If the days constitute as part of annual leave from employment or self employment, you do not have a problem. The main thing is that for the past 5 years, you've been based in the UK.

[imranb]

As long as your company applied in time, its ok. Ask your company if they can provide proof of sending application before WP expiry date. Alternatively you can ask for SAR file from UKBA, which should show all your applications.

Thank you. Are you saying that the SAR will indicate the date on which application for my 3rd WP was received by the Home Office? Should I be writing an explicit letter to the UKBA mentioning this specific expectation?, or is it going to cover my immigration history at a general level and will cover this information any which way.

[xyz123]

As long as your company applied in time, its ok. Ask your company if they can provide proof of sending application before WP expiry date. Alternatively you can ask for SAR file from UKBA, which should show all your applications.

Thank you. Are you saying that the SAR will indicate the date on which application for my 3rd WP was received by the Home Office? Should I be writing an explicit letter to the UKBA mentioning this specific expectation?, or is it going to cover my immigration history at a general level and will cover this information any which way.

i havent applied for SAR so i understand that UKBA will send documents back to you including copies of your application, which should either have a "date received" stamp by UKBA or at least date on which the forms were signed by you/your company. Ask for all information but specifically mention this WP application.

Also usually with the WP applications, company has to get WP approval letter first and then send in the passport for stamping. If that is the case then ask your company to see if they have got any approval letter from home office which is dated prior to your then WP expiry date.

[ddb]

Are you saying that the SAR will indicate the date on which application for my 3rd WP was received by the Home Office? Should I be writing an explicit letter to the UKBA mentioning this specific expectation?, or is it going to cover my immigration history at a general level and will cover this information any which way.

See Ch. 24, Sec. 11 - Subject Access Requests. Hope this helps.

[imranb]

Are you saying that the SAR will indicate the date on which application for my 3rd WP was received by the Home Office? Should I be writing an explicit letter to the UKBA mentioning this specific expectation?, or is it going to cover my immigration history at a general level and will cover this information any which way.

See Ch. 24, Sec. 11 - Subject Access Requests. Hope this helps.

Fantastic. Thanks a lot guys. I will now approach UKBA for this information. This forum is a God send......