gap in Long residence (10 years lawful)

[fighterUK]

Anybody can give me an advice? Thank you in advance.

My visa history in the UK:
May 1997~May 1998, visiting scholar;
Sep 1998~Sep 2002, student;
Since Oct 2002, work permit.

There's a gap apparently. In Feb 1998 I got an offer with studentship for studying PhD degree after interview. However, at that time I could not change my visa to student visa in the UK. So I left the UK with strong intention to come back with support of an offer letter from the superviser. So I applied student visa in my country and got it in July. As I took summer holiday, so I returned to the UK in Sep. I lived in the UK for all the other time in almost 10 years.

My question is will this gap cost my ILR? How to make sure I will be granted ILR with good explanation about the gap?

FighterUK

[stedman]

The gap shouldn't be a problem if it was under 6 months and you continued to maintain ties with the UK during that time. If this isn't acccepted, at least you can apply in october as you'd have been on a WP for 5 years then.

[olisun]

best to apply in october as it will be straight forward case. but it's upto you

[fighterUK]

My current WP expaires at the end of May. I'm afraid I can't get another on on time.

[sunnyday]

The gap shouldn't be a problem if it was under 6 months and you continued to maintain ties with the UK during that time. If this isn't acccepted, at least you can apply in october as you'd have been on a WP for 5 years then.

Really? it shouldnt be a problem? is it based on personal experience or home office rules? Mind sharing the url link with us?

[davidm]

The gap shouldn't be a problem if it was under 6 months and you continued to maintain ties with the UK during that time. If this isn't acccepted, at least you can apply in october as you'd have been on a WP for 5 years then.

Really? it shouldnt be a problem? is it based on personal experience or home office rules? Mind sharing the url link with us?

My wife had a 3 month gap between jobs (had to leave the country due to family emergency) and her ILR was refused because of the gap between jobs, even though the new work permit was issued 1 week after she left her previous job. This was despite her keeping her flat in London and having a new job (and pending work permit application when she left the country) and had compassionate reasons to go home before taking up the new job.
So I won't take it as a given.

[sunnyday]

The gap shouldn't be a problem if it was under 6 months and you continued to maintain ties with the UK during that time. If this isn't acccepted, at least you can apply in october as you'd have been on a WP for 5 years then.

Really? it shouldnt be a problem? is it based on personal experience or home office rules? Mind sharing the url link with us?

My wife had a 3 month gap between jobs (had to leave the country due to family emergency) and her ILR was refused because of the gap between jobs, even though the new work permit was issued 1 week after she left her previous job. This was despite her keeping her flat in London and having a new job (and pending work permit application when she left the country) and had compassionate reasons to go home before taking up the new job.
So I won't take it as a given.

was this break in the final year (5th)?

and is the refusal based on this break solely?

[sunnyday]

Anybody can give me an advice? Thank you in advance.

My visa history in the UK:
May 1997~May 1998, visiting scholar;
Sep 1998~Sep 2002, student;
Since Oct 2002, work permit.

There's a gap apparently. In Feb 1998 I got an offer with studentship for studying PhD degree after interview. However, at that time I could not change my visa to student visa in the UK. So I left the UK with strong intention to come back with support of an offer letter from the superviser. So I applied student visa in my country and got it in July. As I took summer holiday, so I returned to the UK in Sep. I lived in the UK for all the other time in almost 10 years.

My question is will this gap cost my ILR? How to make sure I will be granted ILR with good explanation about the gap?

FighterUK

Could you keep us posted on your ILR outcome please.

[davidm]

was this break in the final year (5th)?

and is the refusal based on this break solely?

This break was after 18 months. The letter from the Home Office refusing the ILR said that since there was a gap of 3 months between jobs and the applicant left the country, ILR can not be granted and that she can apply 18 months later when she would have completed 4 years stay on continuous employment in the UK.
Luckily for her, I applied for my ILR 6 months after hers got refused and she got her ILR as my dependent.

[Wanderer]

was this break in the final year (5th)?

and is the refusal based on this break solely?

This break was after 18 months. The letter from the Home Office refusing the ILR said that since there was a gap of 3 months between jobs and the applicant left the country, ILR can not be granted and that she can apply 18 months later when she would have completed 4 years stay on continuous employment in the UK.
Luckily for her, I applied for my ILR 6 months after hers got refused and she got her ILR as my dependent.

I'd like to hijack a bit and ask opinions on our situation...

Aug 2005 Entered UK on student visa of three years duration
Nov 2006 Left for Germany on year abroad as obligatory part of studies
Feb 2007 Returned to UK for visit, back to germany.

She's due back Oct 2007 for her final year till Oct 2008 but we are planning a couple of visits back to UK over next six months.

I've been to Germany three times to visit her.

We've lived together since Aug 2005, I've been careful to keep proof...

Prior to that.....

Mar 2004 I visited her in her home country for three weeks

Jul-Sep 2004 she visited me and lived with me in UK.

FeB 2005 I visited her in her home country for two weeks.

Are we gonna run into problems applying for UPV? and when it best time?

We are hopefully basing this on two years since Aug 2005 applying in aug 2007 or more likely Oct 2007 when shes actually back. This year abroad is worrying me tho. We are visiting regularly, she's not gonna be out of UK for longer than six months at any time, and the year abroad IS unavoidable and uni will write to confirm if needed.