ILR soon ...

[jaas]

Hi All,

Any help or advice would be much appreciated ....!!!!!

Finally after one year wait I am up for ILR in couple of weeks time ...!!!!

I am completing those magical 5 years (3 years on WP+2 years on HSMP) in June 2nd week. I been continously in employment during this time with different employers. Anyway my question is about my first WP ......My WP was approved for 6 months and so got EC for 6 months. I think and not sure my employer applied for next WP & FLR before my current EC visa expire date. I am hoping this was the case and not sure ....!!! But FLR stamp on my passport is saying its been approved and valid after one and half months of initial EC expire date. Thats mean I don't have any valid leave to remain during that time.....but I was working with the same employer during that time ...My question is can I count that one and half months towards ILR and need to wait another one and half month to complete 5 years or am considered as overstayed ....but I don't think thats case ...didn't had any problem getting initial HSMP or HSMP extension recently.

Thanks for your help.

Cheers
Jaas

[John]

But FLR stamp on my passport is saying its been approved and valid after one and half months of initial EC expire date. Thats mean I don't have any valid leave to remain during that time

Well ... yes or no! If the application for the new EC was made before the expiry of the previous EC then that old EC is "treated as continuing" even though the stated expiry date has passed.

I think the only way you can find out is if you make a Freedom of Information Act request for a copy of the BIA record on you. Make a Subject Access Request .... have a read through this. But do appreciate that they have 20 workings day to reply. When does your current EC expire?

[jaas]

Thanks John for your quick response. I will def make Subject Access Request and was thinking of doing this anyway ...I think its worth doing before anything....I have another 3 years FLR.

Thanks
Jaas

[jaas]

Just another clarification if say they haven't applied WP ext on-time then ILR clock is going to start from new WP start date or am going to have any serious problems getting ILR ...

Cheers
Jaas

[arhangelsk]

when making inquireis to Subject Access Request will they tell you that you are quolified for 5 years WP ILR or not what sort of info they can give

in case if there is a any sort of a gap will they tell that the gap is negligible or you are out of it

please help