WorkPermit/extension continuous and visa gap, for ILR in UK

[vinitasinghrajput]

My workpermit and leave to remain was expired on 17 Dec 2004. workpermit extension letter was issued by home office on 5 Jan 2005. Further leave to remain application was received on 8th Feb 2005 by home office; and finally I got further leave to remain visa stampled on 30th March 2005 according to original term specified in letter issued on 5th Jan 05. But start of visa is 30 March 2005. I don't have more detail than this because all above work was done by my employer for me.

After this I got further 3-4 workpermit visa stamped and never had problem due to above.

Will it cause an issue in getting Indefinite Leave to Remain application in UK.
I was in UK for the above full duration; and also travel abroad at least 5 time since; but never faced problem due to that.
Only worried because I don't want to bet fee.

[ajaymitra76]

same problem..but gap is 2 months only... have u taken any advise from any lawyer ?

[John2009s]

Me too have the same problem(4 months gap)...many of'em told me that the ILR clock restarts even I was not left the country(UK), during that gap.

I'm quite confused though...

If you get any suggestions please share here...

thank you

[paulp]

Guys, get real. These are not gaps, they're periods of overstay.

[tsp]

Guys, get real. These are not gaps, they're periods of overstay.

Paul,

I dont think it is overstay, unless he sent the application before 17 Dec 2004. HO takes time to process the application and approved the extension on 5th Jan 2005 and he sent the FLR on 8th Jan 2005 and then HO made stamp on 30 March 2005.

I could not see anything wrong out here.

Does it not come under section 3C as you mentioned in other post?

[paulp]

Guys, get real. These are not gaps, they're periods of overstay.

Paul,

I dont think it is overstay, unless he sent the application before 17 Dec 2004. HO takes time to process the application and approved the extension on 5th Jan 2005 and he sent the FLR on 8th Jan 2005 and then HO made stamp on 30 March 2005.

I could not see anything wrong out here.

Does it not come under section 3C as you mentioned in other post?

Sorry tsp, it is a clear case of overstay. From the middle of 2004, new work permits no longer constituted Leave to Remain.

Thus previous LR expired on 17 Dec 2004 but no FLR applied before expiry, thus it's overstay. The extension for WP does not enter the equation and there's no section 3(c) protection here.

[senthil78]

Guys, get real. These are not gaps, they're periods of overstay.

Paul,

I dont think it is overstay, unless he sent the application before 17 Dec 2004. HO takes time to process the application and approved the extension on 5th Jan 2005 and he sent the FLR on 8th Jan 2005 and then HO made stamp on 30 March 2005.

I could not see anything wrong out here.

Does it not come under section 3C as you mentioned in other post?

Sorry tsp, it is a clear case of overstay. From the middle of 2004, new work permits no longer constituted Leave to Remain.

Thus previous LR expired on 17 Dec 2004 but no FLR applied before expiry, thus it's overstay. The extension for WP does not enter the equation and there's no section 3(c) protection here.

Hi paul,
Can you please give more accurate about middle of 2004? From which month the change has effected? Is it after may 2004? My WP was extended before expiry of my visa in may 2004. But FLR applied after my visa was expired. In the WP extension letter, it clearly says that need to apply FLR as soon as possible or within 6 months of receiving the letter. I received the same kind of letter when i extended WP again in 2005, which says need to apply FLR as soon as possible or before the current leave to remain expires. In all the case within 6 months of receiving this letter. Is my stay continuous?.

thanks

[paulp]

Hi paul,
Can you please give more accurate about middle of 2004? From which month the change has effected? Is it after may 2004? My WP was extended before expiry of my visa in may 2004. But FLR applied after my visa was expired. In the WP extension letter, it clearly says that need to apply FLR as soon as possible or within 6 months of receiving the letter. I received the same kind of letter when i extended WP again in 2005, which says need to apply FLR as soon as possible or before the current leave to remain expires. In all the case within 6 months of receiving this letter. Is my stay continuous?.

thanks

Senthil78, if you got the letter asking you to apply for separate FLR, then the change had already been made. Only you know whether you (or your employer on your behalf) applied for FLR before your previous LR expired.

Some people have been known to get ILR even with short periods of overstay or gaps (left the country before LR expired so they don't overstay), but the caseworkers may have used their discretion.

[ajaymitra76]

Hello Paulp,

Thank you very much for the info you have provided. Does this mean that there HO can use their discretion the chances of which are very low ?

Am I right ?

Regards

[senthil78]

Hello Paulp,

Thank you very much for the info you have provided. Does this mean that there HO can use their discretion the chances of which are very low ?

Am I right ?

Regards

Thanks for your info paul.

Hi Ajaymitra,
Have you applied today? Can you please share your result?

Thanks
Senthil

[paulp]

The feedback that we were getting from forum members a while back was that caseworkers rarely used their discretion in these matters.

There has been a few developments since then, namely a court judgement against the HO about what constitutes a "gap" for 10-year long residence ILR (but that did not involve overstay).

My personal opinion is that it's worth a punt.

[ajaymitra76]

Hello Paulp,

Thank you very much for the info you have provided. Does this mean that there HO can use their discretion the chances of which are very low ?

Am I right ?

Regards

Thanks for your info paul.

Hi Ajaymitra,
Have you applied today? Can you please share your result?

Thanks
Senthil

sorry senthil, i did not apply today as i consulted a lawyer who advised me to go for it a few months later when i can show full 5 years continuous residence.

Regards

[paulp]

A few months is worth the wait. The new earned citizenship law won't have come into force by then.

[ajaymitra76]

My workpermit and leave to remain was expired on 17 Dec 2004. workpermit extension letter was issued by home office on 5 Jan 2005. Further leave to remain application was received on 8th Feb 2005 by home office; and finally I got further leave to remain visa stampled on 30th March 2005 according to original term specified in letter issued on 5th Jan 05. But start of visa is 30 March 2005. I don't have more detail than this because all above work was done by my employer for me.

After this I got further 3-4 workpermit visa stamped and never had problem due to above.

Will it cause an issue in getting Indefinite Leave to Remain application in UK.
I was in UK for the above full duration; and also travel abroad at least 5 time since; but never faced problem due to that.
Only worried because I don't want to bet fee.

vinitasinghrajput,
Have you applied for ILR ?
Regards
Ajay

[ajaymitra76]

Hello Paulp,

Thank you very much for the info you have provided. Does this mean that there HO can use their discretion the chances of which are very low ?

Am I right ?

Regards

Thanks for your info paul.

Hi Ajaymitra,
Have you applied today? Can you please share your result?

Thanks
Senthil

Senthil,

I read in one of your posts that if the word 'extension' is written in FLR(IED) letter then it is an extension and overstay is not considered. Mine has got the word extension on it even though it was applied after the visa expired.. Your thoughts on this please ?

Regards

Ajay

[senthil78]

Hello Paulp,

Thank you very much for the info you have provided. Does this mean that there HO can use their discretion the chances of which are very low ?

Am I right ?

Regards

Thanks for your info paul.

Hi Ajaymitra,
Have you applied today? Can you please share your result?

Thanks
Senthil

Senthil,

I read in one of your posts that if the word 'extension' is written in FLR(IED) letter then it is an extension and overstay is not considered. Mine has got the word extension on it even though it was applied after the visa expired.. Your thoughts on this please ?

Regards

Ajay

Ajay,
Mine also says extension. But I am not sure whether this will make any difference. Where did you fnd this info? I have seen anyone's case similar to us neither got ILR nor refused. I don't know what to do.

Regards
Vasan

[ajaymitra76]

Hello Paulp,

Thank you very much for the info you have provided. Does this mean that there HO can use their discretion the chances of which are very low ?

Am I right ?

Regards

Thanks for your info paul.

Hi Ajaymitra,
Have you applied today? Can you please share your result?

Thanks
Senthil

Senthil,

I read in one of your posts that if the word 'extension' is written in FLR(IED) letter then it is an extension and overstay is not considered. Mine has got the word extension on it even though it was applied after the visa expired.. Your thoughts on this please ?

Regards

Ajay

Ajay,
Mine also says extension. But I am not sure whether this will make any difference. Where did you fnd this info? I have seen anyone's case similar to us neither got ILR nor refused. I don't know what to do.

Regards
Vasan

This 'extension' word is on the letter that came with the visa on the passport... very confusing.

Regards

Ajay.

[senthil78]

Thanks for your info paul.

Hi Ajaymitra,
Have you applied today? Can you please share your result?

Thanks
Senthil

Senthil,

I read in one of your posts that if the word 'extension' is written in FLR(IED) letter then it is an extension and overstay is not considered. Mine has got the word extension on it even though it was applied after the visa expired.. Your thoughts on this please ?

Regards

Ajay

Ajay,
Mine also says extension. But I am not sure whether this will make any difference. Where did you fnd this info? I have seen anyone's case similar to us neither got ILR nor refused. I don't know what to do.

Regards
Vasan

This 'extension' word is on the letter that came with the visa on the passport... very confusing.

Regards

Ajay.

In which post, did you find this info?

[ajaymitra76]

Senthil,

I read in one of your posts that if the word 'extension' is written in FLR(IED) letter then it is an extension and overstay is not considered. Mine has got the word extension on it even though it was applied after the visa expired.. Your thoughts on this please ?

Regards

Ajay

Ajay,
Mine also says extension. But I am not sure whether this will make any difference. Where did you fnd this info? I have seen anyone's case similar to us neither got ILR nor refused. I don't know what to do.

Regards
Vasan

This 'extension' word is on the letter that came with the visa on the passport... very confusing.

Regards

Ajay.

In which post, did you find this info?

ukresident forum... with users called yaron, nics... you were involved in that thread as well... i don't know if any senior will be able to help...

Regards

[senthil78]

Ajay,
Mine also says extension. But I am not sure whether this will make any difference. Where did you fnd this info? I have seen anyone's case similar to us neither got ILR nor refused. I don't know what to do.

Regards
Vasan

This 'extension' word is on the letter that came with the visa on the passport... very confusing.

Regards

Ajay.

In which post, did you find this info?

ukresident forum... with users called yaron, nics... you were involved in that thread as well... i don't know if any senior will be able to help...

Regards

Yaron had a continuous visa and no issue with his ILR. That was his guess if it is extension, it should be fine. But we don't know. Nick's case is slightly different to us. His employer even applied his WP extension after expiry of his visa and his ILR was refused. I couldn't find anyone's case is similar to us.