ILR - Urgent Help needed - Pls respond

anandsun · Post by **anandsun** » Tue Mar 03, 2009 1:43 am

Hello All,

I plan to apply for my ILR this month. I arrived in the UK on a WP and then switched over to HSMP. I have completed 5 years on continuous stay.
However there was this one period in 2005 where I am not sure whether my employer submitted my WP extension application on time or after my existing visa expired. The letter I received from HO however states that my WP has been extended and I can continue working. I tried asking my employer for the details of the application, but they dont have any records that old.

Do you think the HO would have extended my WP had the application been submitted after my WP had expired? In such a scenario, would this be considered as a gap in my visa although the HO letter says that my WP (with the same worker reference no) was extended?

Pls respond as my decision to apply for an ILR this month depends heavily on this.

Thanks.

ajaymitra76 · Post by **ajaymitra76** » Tue Mar 03, 2009 1:08 pm

me in same problem... ! am going for ilr soon.
dont know how the home office treats these cases
Regards

anandsun · Post by **anandsun** » Tue Mar 03, 2009 1:57 pm

Hi Ajay,
Someone told me that you could request a SAR report from the homeoffice and this file has ALL the details related to your residency in the UK. It costs around Â£10 and takes around 40 days for you to get a report. I am going to apply for one today unless someone else has a better idea.

Regards,
Anand

dnicky · Post by **dnicky** » Tue Mar 03, 2009 2:02 pm

Go far SAR.

ajaymitra76 · Post by **ajaymitra76** » Tue Mar 03, 2009 2:22 pm

dnicky, if the gap is less than 90 days, even if flr(ied) applied after previous visa expred, do they give ilr ?

anandsun · Post by **anandsun** » Tue Mar 03, 2009 2:25 pm

Sorry to jump in..
I think it depends on what you define as a gap.

Example:
Extension applied on 30th Jan
Visa expired on 31st Jan
HO returned documents with extension on 28th Feb.

This is not considered as a gap.

However,
Visa expired on 31st Jan
Extension applied on 1st Feb
HO returned documents with extension on 28th Feb.

I am not sure if the HomeOffice issues an extension in such a scenario. If it does, I am not sure if this is a gap.

Someone please help!

ajaymitra76 · Post by **ajaymitra76** » Tue Mar 03, 2009 2:56 pm

anandsun wrote:Sorry to jump in..
I think it depends on what you define as a gap.

Example:
Extension applied on 30th Jan
Visa expired on 31st Jan
HO returned documents with extension on 28th Feb.

This is not considered as a gap.

However,
Visa expired on 31st Jan
Extension applied on 1st Feb
HO returned documents with extension on 28th Feb.

I am not sure if the HomeOffice issues an extension in such a scenario. If it does, I am not sure if this is a gap.

Someone please help!

when you say extension, do you mean wp or flr(ied) ?

anandsun · Post by **anandsun** » Tue Mar 03, 2009 3:01 pm

Sorry, whats the difference? I always thought that you use the FLR(IED) to get your WP extended. Is that not the case?

ajaymitra76 · Post by **ajaymitra76** » Tue Mar 03, 2009 3:33 pm

if u send your flr(ied) before expiry of current visa then it should be fine. this rule was introduced on 1st apr 2004, but i wasnt aware of it then.. i got my passports stamped though even after the expiry of the current visa... and then subsequently i had hsmp etc after that... but it did constitute a gap in the visa.

Regards

paulp · Post by **paulp** » Tue Mar 03, 2009 10:18 pm

anandsun wrote:Sorry, whats the difference? I always thought that you use the FLR(IED) to get your WP extended. Is that not the case?

FLR as the name gives away, is an application for Further "Leave to Remain" in the country. If you are without LR for any period, then you are an overstayer and are illegally in the country for that period.

Applying for LR before previous leave expire, extends your LR through Section 3(c) of the Immigration Act until you receive an answer from the home office.

anandsun · Post by **anandsun** » Thu Mar 05, 2009 10:57 am

Hi PaulP,

Thanks for that explanation. Do you know how employers apply for extension? Is that via post or online? I ask for the below reason:

Regarding the problem I state above, I spoke to my ex employer and he was able trace some emails from 2005 which stated that I might have got my documents to him in the nick of time. All he needed then was a copy of my workpermit and some details like salary, position, etc.

So once he had received this information, could he have applied online? He tells me he "would" have applied the same day.

Please help.
--A

paulp · Post by **paulp** » Thu Mar 05, 2009 10:55 pm

anandsun wrote:Hi PaulP,

Thanks for that explanation. Do you know how employers apply for extension? Is that via post or online? I ask for the below reason:

Regarding the problem I state above, I spoke to my ex employer and he was able trace some emails from 2005 which stated that I might have got my documents to him in the nick of time. All he needed then was a copy of my workpermit and some details like salary, position, etc.

So once he had received this information, could he have applied online? He tells me he "would" have applied the same day.

Please help.
--A

Hi Anand,

The HO has in many cases extended WP even "out of time" because the applicant is needed by their employer.

The point to focus on here is whether your employer sent your FLR (_not_ wp extension) before your previous LR expired in 05. Applications can only be done by post or in person. Did your employer keep proof of postage?

anandsun · Post by **anandsun** » Fri Mar 06, 2009 6:59 pm

Hi Paul,

Sorry if I confused you. My question actually was how would the employer have sent the FLR. But thanks for your response. Since it is as old as 2005, my ex-employer has archived all the records and says it will be impossible to trace it back.

Also its interesting that you say -- The HO has in many cases extended WP even "out of time" --
So does that mean if I fall in this category, the HO can consider this as a gap in my visa? Afterall, its their fault they issued me an extension - isnt it?

Cheers,
Anand

paulp · Post by **paulp** » Fri Mar 06, 2009 8:20 pm

The SAR will reveal when the HO received your FLR application.

The HO doesn't have any fault here. For the WP and FLR extension, the criteria was whether your employer needed you. Here, the criteria is whether you qualify for ILR and it's two totally different things, you have to bear this in mind.

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ILR - Urgent Help needed - Pls respond

ILR - Urgent Help needed - Pls respond