ILR Break in 5 years, but Salary paid in UK during the Break

oldklangrd · Post by **oldklangrd** » Mon Sep 08, 2008 11:12 am

Hi,

I came in July 03 initially for 6 Months. Got in-country extension for another 6 Months. At the time of expiry for this extension, I have to go for my home country for my wife's delivery (I left on 26th June 2004). Since I have to travel back to my country, my then employer, adviced me that they will apply a new work permit since I was not in UK. This break was considered by my employer as paid holiday and even I was paid the full salary in UK (I have my salary slip and bank statement as well, to prove).

Later on, when he new work permit stamping happend, my DOB was wrong, so I have to resend my passport for stamping. Because of this, there is a gap of almost 5 weeks. I entered the country back on 2nd Aug 2004.

FYI, after two years, I moved on from Work Permit to HSMP as well.

My question is:
a) Am I eligible to apply for ILR based on Jul 03 entry to UK or 2nd Aug 2004 entry?
b) Since I have proof of my salary slip and bank statement, do I have a better chance if I consider Jul 03 as my intially date of entry?

sakura · Post by **sakura** » Mon Sep 08, 2008 12:31 pm

oldklangrd wrote:Hi,

I came in July 03 initially for 6 Months. Got in-country extension for another 6 Months. At the time of expiry for this extension, I have to go for my home country for my wife's delivery (I left on 26th June 2004). Since I have to travel back to my country, my then employer, adviced me that they will apply a new work permit since I was not in UK. This break was considered by my employer as paid holiday and even I was paid the full salary in UK (I have my salary slip and bank statement as well, to prove).

Later on, when he new work permit stamping happend, my DOB was wrong, so I have to resend my passport for stamping. Because of this, there is a gap of almost 5 weeks. I entered the country back on 2nd Aug 2004.

FYI, after two years, I moved on from Work Permit to HSMP as well.

My question is:
a) Am I eligible to apply for ILR based on Jul 03 entry to UK or 2nd Aug 2004 entry?
b) Since I have proof of my salary slip and bank statement, do I have a better chance if I consider Jul 03 as my intially date of entry?

Can you write out a timeline, please, so that it is easier to follow the dates?

Did your work permit expire whilst you were out of the country?

oldklangrd · Post by **oldklangrd** » Mon Sep 08, 2008 1:50 pm

I first came to UK on 24th Jul 03 on a 6 Month Work Permit. Within UK I got extension for another 6 months. At the expiry of this extension, I left UK on 26th June 2004 for my wife's delivery The extension expired on 2nd July 04.

New Workpermit was applied by my employer in UK since I was not in UK. The workpermit papers were sent to my country and I did a new WP Stamping in my country. The new WP stamping was given for one year and I entered UK on 2nd Aug 2004. After that my extensions all happended within Country.

Later on from 31st May 07 onwards I am on HSMP.

During the break, my employer in UK, considered the break as paid holidays and paid my salary during the break period. I have the original Pay slip and Bank statements to prove.

Based on my first date of entry, I already completed 5 years now. Will I qualify for ILR now?

dnicky · Post by **dnicky** » Mon Sep 08, 2008 2:46 pm

Since your initial leave to remain expired on 02nd July 2004, and assuming you got your new entry clearance (out of country) ater expiry of your earlier leave to remain, this will be considered as gap and I'm afraid will hamper your chances of getting ILR for the 5 year period starting from 24th July 2003.

jas · Post by **jas** » Mon Sep 08, 2008 7:55 pm

dnicky,

I had a similar situation as below. If you could comment please.

I have been in UK for almost 7 years now. On two occassions, while I was on holiday in India with few days left on my visa, I re-applied for entry clearance (out of country) rather returning to UK and going for FLR.

But I never had even a single day without a valid visa for last 7 years. On both above occassions, I had few days left on visa when I got entry clearance.

Will it be an issue that I should have obtained FLR then going for visa again?

Thanks. Jas

samkma · Post by **samkma** » Tue Sep 09, 2008 10:31 am

Jas, it is not a problem and you can very well apply for ILR, don't delay it further as the rules are changing faster in UK than the speed of light!!

gainvidya · Post by **gainvidya** » Tue Sep 09, 2008 11:00 am

samkma wrote:Jas, it is not a problem and you can very well apply for ILR, don't delay it further as the rules are changing faster in UK than the speed of light!!

He he he

jas · Post by **jas** » Tue Sep 09, 2008 7:28 pm

samkma,

Thanks. thats a relief.

oldklangrd · Post by **oldklangrd** » Mon Sep 15, 2008 12:44 pm

Thanks dnicky,
if that be the case, I am on HSMP and i got in the old system, before the tier 1. My HSMP is due to expire sometime early next year in which case I need to go for my extension. So would I have qualify based on the new rules or I would be considered for the old rules?

Thanks

Post by **geriatrix** » Mon Sep 15, 2008 6:24 pm

oldklangrd wrote:Later on from 31st May 07 onwards I am on HSMP.

If you applied for HSMP after 05-Dec-06, you need to fulfil the Tier 1 criteria for your extension.

regards

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ILR Break in 5 years, but Salary paid in UK during the Break

ILR Break in 5 years, but Salary paid in UK during the Break

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