I am very disappointed to say that they could not make a decision on my case today.
I am in a dilemma how to proceed . Can the experts on this forum provide some advice for my case.
Let me explain my situation here
I am an Indian Citizen who came to UK initially on a work permit (WP1) for one year in 2003 through an Indian Company.
My work permit was approved in May 2003 for one year and I entered UK on 27th May 2003.
My work permit was extended for another 6 months (WP2) in May 2004 and my visa was stamped till Nov 2004.
In August 2004 I got a job offer from another employer who got work permit (WP3) approval for me in Augut 2004 for one year. I went to India for my wedding and came back on the previous visa as I did not have enough time to give the passport for visa stamping since Home Office was taking around 2-3 months for visa stamping then and did not have the premium service as of now. I had called Home Office to check whether it is okay to enter the country on the existing visa and they confirmed that it was okay.
As soon as I came back to UK , I applied for FLR stamping with the work permit obtained by the new employer. I started working for the new employer in November 2004 after applying for FLR with the new workpermit(WP3).
I received my passport back in Feb 2005 with visa stamped for one year(until Feb 2006) and the work permit document showing approved for 12 months.
The same employer applied for work permit extension in Feb 2006 for 2 years (WP4) ie until Feb 2008(Since ILR was 4 years then ). I got the FLR also stamped till Feb 2008.
The same employer applied for work permit extension in Feb 2008 till October 2008 (WP5). I have got FLR also stamped for the same period. ie until October 2008.
I have completed 4 years 11 months on April 27 and took an appointment for ILR.
The case worker queried about the gap in work permit from August 2005 till January 2006. They say WP3 was approved in August and was for 1 year - Hence expired in August 2005. The next workpermit WP4 was applied in Jan 2006 And there is a gap of more than 5 months.
Myself and my employer was in the assumption that the work permit(WP3) is valid for 12 months from the day visa is stamped because the FLR was valid until 2006 and also the letter from Home Office which I received with the passport indicated that the approval length is 12 months. There was no valid until date then. I can see in the newer documents that there is a valid until date..
The caseworker at PEO gave me the options for either waiting until 2011 or apply by post where in a case worker can look into the case in a more detailed way.
They did not charge me any fee for the appointment. atleast that was good.
Can someone throw some light in this case please ? I am shattered.
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