ILR Eligibility if there is gap of 59 days in two visas

[princedeeps]

Hi All,

I got my first visa Workpermit in 02 March 2008 and then returned to my home country in 12 Feb 2010 and applied for a new Tier 2 (ICT before 30 March 2010) from outside UK and entered UK on 11 April 2010 and have UK visa till April 2014.

Will I qualify for ILR in March 2013? What is the guidance if we have gap in two visas of less than 60 days?

[chan0976]

Hi,

My situation is similar to yours.

Do you know if you qualify mate.

Regards

[princedeeps]

Don't know the answer yet.

There is no guidance in UKBA website on this. that's why looking for some experienced members.

[geriatrix]

Expiry date of leave granted on basis of work permit?
Date the CoS was assigned?

[princedeeps]

Work Permit Expiry Date: 14 Feb 2010

New CoS: 12-Mar-10

[geriatrix]

You did not have any leave between 14-Feb-10 till the date you were issued entry clearance again so, technically, continuous residence is broken.

Had the CoS been assigned to you before you left UK, you could have argued that you had every intention to return to the UK even though you had to leave UK for some reason and hence made an entry clearance application to return, and could have requested the caseworker to apply discretion in your favour. You can make a similar argument if the employer had applied for CoS before you left UK / your WP leave expired.


There is no clear cut yes or no answer for situations such as this, so the success of your approval depends on what evidences you can provide to support your claim that residency in UK was not broken despite the absence, and also depends on whether a caseworker is ready to accept your claims (based on documentary evidence) and ignore the fact that you had no leave for a certain period and applies discretion.

[princedeeps]

Thanks Sush,

[princedeeps]

Hi Sush,

I did some research on UK BA link

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Page 19 & 20 of the document says following:

Example 2
 A person enters the UK on 1 September 2004 with entry clearance as a student which
is valid until 31 October 2005.
 On 25 October 2005, before the previous leave expired, the person departs the UK.
 On 5 January 2006 the person re-enters the UK with valid entry clearance as a
student.
Question Has continuous residence been broken?
Answer No. The person had valid leave on the date of their departure and on the date
of their return to the UK, and the time spent outside the UK was less than six
months. Continuous residence has been maintained, even though the person
entered the UK with a fresh grant of leave.

Time spent outside the UK
Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK
of less than six months. For example, applicants who leave the UK before their valid leave
expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful
residence, providing the absence from the UK is less than six months.

Any comments/ suggestions on this anyone??

[geriatrix]

Are you applying for settlement under long residence? If not, why are you referring to policy guidance for settlement under long residence?

[princedeeps]

I was trying to understand the conditions for Continuous Residence break that's where I encountered this guidance.

Shouldn't the conditions for continuous residence be same for 5 yrs or 10 yrs?

You are right, we must be careful on how to project that gap in the visa period to the caseworker.

[geriatrix]

If you applied for entry clearance before 14-Mar-10, then you may be eligible for settlement - thanks to changes being introduced from 13-Dec-12.

If you can, find out the date of EC application.

[princedeeps]

Thanks sushdmehta,

is the date of issuing CoS same as date of Entry clearance application?

if not I might have missed this by a day or so.

[geriatrix]

No.