ILR(PR) with 3.5 months gap - What are the chances?

netacct · Post by **netacct** » Sat Dec 15, 2007 2:08 pm

Hi All,

I will be completing 5 years in June 2008.
However I had a gap of 3.5 months in that 5 years periods.
As per ILR rule, there should not be gap of more than 3 months.
If there is more than 3 months gap then the decision is at the discretion of the officer.
It will not be possible to get any letters from the employer or any letters to justify this gap.
The gap was due to change of employment and processing of new WP.

Does anyone know what are chances the chances of getting ILR with 3.5 months gap?

Any input/advice will be highly appreciated.

Thanks in advance
Sachin

VictoriaS · Post by **VictoriaS** » Sat Dec 15, 2007 3:47 pm

Explain the gap. Were you in/out of the UK? Was the gap between visas or work permits? Had the application been sent and the passport was at the HOme office during this time?

Victoria

netacct · Post by **netacct** » Sat Dec 15, 2007 3:52 pm

I was in UK on WP for employer A.
On Sat, I got the job offer from employer B and on Mon left UK for India.
Employer B started processing my WP in UK.
After 3.5 months I came back to UK on WP for employer B.

jes2jes · Post by **jes2jes** » Mon Dec 17, 2007 7:02 pm

netacct wrote:I was in UK on WP for employer A.
On Sat, I got the job offer from employer B and on Mon left UK for India.
Employer B started processing my WP in UK.
After 3.5 months I came back to UK on WP for employer B.

I believe your clock was reset whilst abroad. If everything was done within 28 days then, I believe you would have been fine.

Victoria, would explain further.

VictoriaS · Post by **VictoriaS** » Mon Dec 17, 2007 7:54 pm

When did your first visa expire?

Victoria

netacct · Post by **netacct** » Mon Dec 17, 2007 8:12 pm

My first visa did not expire. It was valid for 2 years. However just after 16 months I joined another company on WP.

VictoriaS · Post by **VictoriaS** » Mon Dec 17, 2007 8:27 pm

Why did you go back to India? How long after leaving the UK did the new company apply for your work permit?

Victoria

netacct · Post by **netacct** » Mon Dec 17, 2007 8:31 pm

I went India because my company sent me back for some official work for few months. I WILL NOT get any letter from the company re this as its big organization and there are 25K plus employees. I have left them in Aug 2004.

After I left UK, my new employer applied for WP after around just 1 month.
But because of backlog at HM it took almost two months for the WP process.

VictoriaS · Post by **VictoriaS** » Mon Dec 17, 2007 8:53 pm

You can try, but unless you have evidence that the time back in India was secondmend, you have little chance. Even if you do it is still not guaranteed.

Victoria

William Blake · Post by **William Blake** » Wed Dec 26, 2007 11:09 pm

netacct wrote: If there is more than 3 months gap then the decision is at the discretion of the officer.

Thanks in advance
Sachin

What influences this discretionary power ?

Dawie · Post by **Dawie** » Thu Dec 27, 2007 8:41 am

I know someone who was refused ILR because of a 3 day gap between LTR when he switched to a HSMP visa from a work permit. So good luck with 3.5 months!

tsp · Post by **tsp** » Sun Feb 03, 2008 2:33 am

Did he send passport in time. How come 3 days gap. Where was the passport at that time.

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ILR(PR) with 3.5 months gap - What are the chances?

ILR(PR) with 3.5 months gap - What are the chances?

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