ilr overstay,gap problem

venu479 · Post by **venu479** » Thu Oct 08, 2009 8:43 pm

Hi,
I will be finishing my 5 years on mar'2010, but there is a complication, can somebody offer advice on the best thing to be done.
I have entered UK on 1-Mar-2005 with 2 year WP visa.
My visa expired on 22-Feb-2007, but i was in UK as my employer was processing my extension. On 7th march 2007 (2 weeks after my visa expired) my employer came back to me that for some reason my extension application was delayed, hence they asked me to return to india and come on a fresh wp.

Hence i returned to india, applied for a fresh WP on 15-Mar-2007 and landed in UK on 30-Mar-2007.

Effectively i have a gap of 5 weeks on my visa and 2 weeks overstay in uk.

However when i left UK after my 2 weeks overstay there was no stamp on my passport, hence i dont think homeoffice has a record of this, so i am planning not to mention this on my application (as i think they would not try searching for my landing stamp when i left uk as there are numerous stamps)

Can i still go ahead and apply for an ILR in mar'2010 as you see there are 2 problems. 1:- my overstay for 2 weeks (i am hoping it will not be a problem as i have got my new WP processed and also my tier1 processed recently without any problems) and 2:- my visa gap of 5 weeks.

Pls can someone advise.

Katamatin2321 · Post by **Katamatin2321** » Fri Oct 09, 2009 5:21 pm

No harm in trying- end of the day you are not going to losses anything apart from the fees.

If I were you I will go for it with a positive thinking, don't ask many people- somepeople like to discourage.

Immigration rules say its the discreation of the case worker, so your application may take longer for the decision but you will get it.

Best of luck

venu479 · Post by **venu479** » Mon Oct 12, 2009 6:45 pm

Thanks very much for the reply, has anyone else got anything else to add.

positivesolitude · Post by **positivesolitude** » Mon Oct 19, 2009 8:40 pm

Venu

They might not have stamped it bu if you see the date your initial leave expired ,they might have underlined it .Check that in your passport.i had this issue.

venu479 · Post by **venu479** » Mon Oct 19, 2009 11:09 pm

Hi PositiveSolitude,
I have checked my passport and they have not underlined my initial leave expiry date.
I am looking to request for my SAR file, but i was wondering what would happen if i dont mention about my overstay at all in my ILR application and just say there is a gap of 5 weeks.

But i am not sure which is the best approach as i know an overstay of less than 28 days (i think!!) is not a problem..

What do you guys think??

positivesolitude · Post by **positivesolitude** » Tue Oct 20, 2009 9:31 am

Venu,

how will a SAR form help?why not contact a solicitor from workpermit.com.they give free advise on the phone.

f2k · Post by **f2k** » Tue Oct 20, 2009 2:10 pm

venu479 wrote:Hi PositiveSolitude,
I have checked my passport and they have not underlined my initial leave expiry date.
I am looking to request for my SAR file, but i was wondering what would happen if i dont mention about my overstay at all in my ILR application and just say there is a gap of 5 weeks.

But i am not sure which is the best approach as i know an overstay of less than 28 days (i think!!) is not a problem..

What do you guys think??

did you mention the overstay in your initial WP application back in 2007? I take it the company did not actually lodge the application at all before your visa expired

hari15 · Post by **hari15** » Tue Oct 20, 2009 3:22 pm

Hi Venu,
Real Key lies in whether your have 2 entry clearance stamps in passport or just one

Basically your Passport should have only One Entry Clearance, Remaining Visas should be extensions (Residence Permits). If it has 2 Entry Clearance stamps then that is enough for case worker to identify the discontinuity

anyway as others said no harm in trying. But if you have one entry clearance stamp then you shouldnt have any problem in getting ILR (Since other Visas are given considering you as Uk resident)

If you have 2nd entry clearance stamp, then your ILr clock is reset to the time of 2nd entry clearance

venu479 · Post by **venu479** » Tue Oct 20, 2009 11:01 pm

Hi,
Yes i do have 2 entry clearance stamps, so does it mean it is likely that the case worker considers it from my second entry date i.e 30-mar-2007.

Just to reiterate that i left the country on 8-mar-2007 and my next wp application date was 16-mar-2007, there is a week gap in between.

Also my IED (extn of employment) was approved but my employer has not filed an FLR application before my visa expiry and failed to inform me about this before my visa expiry , so would it be any good if i get a letter from the employer about this which would justify me overstaying?

I think it will atleast make a good impression on case worker that i was to be applied for a WP extn ( as my IED was already approved) and i had to overstay and apply for a fresh wp owing to my employer otherwise it wud have been a continuous stay.

Not sure if the case worker will think along these lines but certainly can leave it to luck/chance?

What say??

bani · Post by **bani** » Tue Oct 20, 2009 11:48 pm

venu479 wrote:Hi,
Yes i do have 2 entry clearance stamps, so does it mean it is likely that the case worker considers it from my second entry date i.e 30-mar-2007.

Just to reiterate that i left the country on 8-mar-2007 and my next wp application date was 16-mar-2007, there is a week gap in between.

Also my IED (extn of employment) was approved but my employer has not filed an FLR application before my visa expiry and failed to inform me about this before my visa expiry , so would it be any good if i get a letter from the employer about this which would justify me overstaying?

I think it will atleast make a good impression on case worker that i was to be applied for a WP extn ( as my IED was already approved) and i had to overstay and apply for a fresh wp owing to my employer otherwise it wud have been a continuous stay.

Not sure if the case worker will think along these lines but certainly can leave it to luck/chance?

What say??

The overstaying is not an issue, I think they can forgive you for that (it is less than 28 days), but do get a letter from your employer stating the situation.

But the problem is that you had no status from 22 Feb to 30 March. And you were out of the country for part of that. Technically, your clock is reset from 30 March 2007. If the caseworker is sympathetic, he or she may consider your stay to be continuous from 2005 and grant you ILR, but there are no guarantees. Going through a really good immigration lawyer might help you. The letter from your employer would also help you.

Was your work continuous -- do you have payslips from Feb 2007 and March 2007, there was no break of employment? If so, this would also help you.

All you can do is increase your chances, but as I said, no guarantees. Good luck.

hari15 · Post by **hari15** » Wed Oct 21, 2009 9:52 am

venu479 wrote:Hi,
Yes i do have 2 entry clearance stamps, so does it mean it is likely that the case worker considers it from my second entry date i.e 30-mar-2007.

Just to reiterate that i left the country on 8-mar-2007 and my next wp application date was 16-mar-2007, there is a week gap in between.

Also my IED (extn of employment) was approved but my employer has not filed an FLR application before my visa expiry and failed to inform me about this before my visa expiry , so would it be any good if i get a letter from the employer about this which would justify me overstaying?

I think it will atleast make a good impression on case worker that i was to be applied for a WP extn ( as my IED was already approved) and i had to overstay and apply for a fresh wp owing to my employer otherwise it wud have been a continuous stay.

Not sure if the case worker will think along these lines but certainly can leave it to luck/chance?

What say??

If you want me to answer as per Law, Technically, Yes your PR clock is reset to second entry clearance.

But there are few powers given to case workers to decide on exceptional cases on discretion. Mainly because

1. Your Gap between WP visas are not more than 28 days (if it is more than 28 days then you may have some problem in getting PR)
2. Second Wp is actually an extention of 1st WP with same employer (you need to proove this)

Can you confirm atleast your Workpermit numbers were same? (first and second workpermit). If they were same you can easily argue that it is just an extention of Workpermit, Just you have gap in Visa

You have more chance to get PR if you can proove that 2nd workpermit is actually an extension of first workpermit

if 2nd workpermit is entirly a new workpermit (different wp number), then I dont think it is easy to get PR now.

also letter from employer should help.

Dont loose the hope. Though technically your clock is reset, You have all genuine reasons to make the outcome in your favour.

venu479 · Post by **venu479** » Thu Oct 22, 2009 4:28 pm

Hi,
I have checked my 2 wps and they are different. So does it mean i cannot justify it as an extension.

Are there any good immigration lawyers to whom i can discuss this case?

I am getting an employer letter justifying my overstay. But i have this discontinuity from 8-mar-2007 to 29-mar-2007 (my return date to uk)

But i do have the payslips for those months.

So which would be better - going with a solicitor or applying myself on postal?

Thanks

registeronnet · Post by **registeronnet** » Tue Jan 05, 2010 9:02 pm

Hello venu479,
I have a similar situation . Did you manage to contact any good consultant. Would appreciate any help on this. Need to know if teh clock gets rest if you get a second entry clearance .

PASSPORT7883 · Post by **PASSPORT7883** » Sun Mar 14, 2010 1:00 am

Hi

I have completed my 5 yrs in UK in Feb 2010. Here is the problem in my case -

I had valid first UK WP until 10 Jan 2007, I got offer from another employer dated 16 Dec 2006 who was ready to sponsor my WP while in UK but due to personal reasons I had to go to India on 08 Jan 2007 and hence out of country WP was obtained by new employer and sent to India (approval date 19 Jan 2007) on the basis of which I got entry clerance stamped from India on 7 Feb 2007 and came back to UK on 11 Feb 2007.

Please suggest if I can apply for ILR? is there any option?

Thanks in advance.

immigrationuk2009 · Post by **immigrationuk2009** » Sun Mar 14, 2010 9:51 pm

venu479 wrote:Hi,
I will be finishing my 5 years on mar'2010, but there is a complication, can somebody offer advice on the best thing to be done.
I have entered UK on 1-Mar-2005 with 2 year WP visa.
My visa expired on 22-Feb-2007, but i was in UK as my employer was processing my extension. On 7th march 2007 (2 weeks after my visa expired) my employer came back to me that for some reason my extension application was delayed, hence they asked me to return to india and come on a fresh wp.

Hence i returned to india, applied for a fresh WP on 15-Mar-2007 and landed in UK on 30-Mar-2007.

Effectively i have a gap of 5 weeks on my visa and 2 weeks overstay in uk.

However when i left UK after my 2 weeks overstay there was no stamp on my passport, hence i dont think homeoffice has a record of this, so i am planning not to mention this on my application (as i think they would not try searching for my landing stamp when i left uk as there are numerous stamps)

Can i still go ahead and apply for an ILR in mar'2010 as you see there are 2 problems. 1:- my overstay for 2 weeks (i am hoping it will not be a problem as i have got my new WP processed and also my tier1 processed recently without any problems) and 2:- my visa gap of 5 weeks.

Pls can someone advise.

Regarding long residency and gaps check this recent case law.
Click on link

http://freemovement.wordpress.com/2010/ ... ence-case/

According to this only gaps of 10 days or less are allowed.

UK_Banned_Member[[/url]

Wanderer · Post by **Wanderer** » Sun Mar 14, 2010 10:04 pm

Hmmm, why is PASSPORT7883 banned after two innocous posts?

Weird...

immigrationuk2009 · Post by **immigrationuk2009** » Mon Mar 15, 2010 1:45 am

Wanderer wrote:Hmmm, why is PASSPORT7883 banned after two innocous posts?

Weird...

Why he is banned?

Mystery?

UK_Banned_Member

haniffa.s · Post by **haniffa.s** » Fri May 07, 2010 12:33 pm

immigrationuk2009 wrote:
Wanderer wrote:Hmmm, why is PASSPORT7883 banned after two innocous posts?

Weird...
Why he is banned?

Mystery?

UK_Banned_Member

Hi Venu,

Have you got ur ILR successfully?

Could you please update the status?

venu479 · Post by **venu479** » Sun May 16, 2010 9:24 pm

I am yet to apply for my PR ..i am looking to go in next month in person...lets see...

Wanderer · Post by **Wanderer** » Sun May 16, 2010 9:41 pm

venu479 wrote:I am yet to apply for my PR ..i am looking to go in next month in person...lets see...

I wouldn't apply in person if there's any doubt - just wasting money.

mrlookforward · Post by **mrlookforward** » Mon May 17, 2010 12:29 am

venu479 wrote:I am yet to apply for my PR ..i am looking to go in next month in person...lets see...

Not picking on anyone or critcising anyone, but it would keep confusions away if people stop using the word "PR" for Indefinite Leave to Remain.
"PR" is issued under eu law and not UK rules.

venu479 · Post by **venu479** » Tue May 25, 2010 11:18 pm

Hi Wanderer,
Thanks for the info.

But my impression was that i could very much justify my case if i am face to face rather than by post.

I have proof of my ex-employer applying for an work extension which was approved by HO and also a letter from the employer the overstay of 2 weeks was not my fault.

As i am confident that i could show all the evidence personally i have booked in an appointment in person.

Pls let me know if you have known any instances in the past where such an attempt was unsuccessful.

Thanks

Wanderer · Post by **Wanderer** » Wed May 26, 2010 8:29 am

venu479 wrote:Hi Wanderer,
Thanks for the info.

But my impression was that i could very much justify my case if i am face to face rather than by post.

Doesn't work like that. The PEO front-deskers are rubber-stampers, if the app is 100% easy they approve it, if not they send it to back-office for consideration as per any other postal app.

You can't argue or discuss with them, they don't have the power or authority.

venu479 · Post by **venu479** » Tue Jun 15, 2010 6:54 pm

Hi,
I have now booked an appointment for 25th to attend in person.

However i had a chat with an immigration advisor from onestopvisa and they suggested me not to apply in person and also added my ILR would be rejected as the overstay of 2 weeks is too long though i had a justification letter from the employer.

Nevertheless i am going to get a covering letter written by another solicitor to substantiate my case and want to give a try.

However i have a question, i have to renew my tier1 visa sep'2011 and they do ask about overstay details in the application. So incase my ILR application gets rejected now for overstay reasons, would it have any impact on my tier1 extension.

I am sure that HO has no record of my overstay (2 weeks) am just worried that i am unnecessary pulling their attention towards this.

Pls can someone tell me if there is any other best option to go for?

Thanks

venu479 · Post by **venu479** » Thu Jun 17, 2010 11:08 pm

Hi,
Just thought would provide an update on my case.

I had consulted some solicitors and i was not to apply in person and apply by post.

Also as i was worried mainly on 2 things 1. gap between first 2 wps and 2. my overstay of 2 weeks.

I was told by the solicitor not to worry about them and just submit my application and i wud have 80% chances of getting my ILR.

When i enquired abt submitting the employer letter for the overstay period he said not to bother about it as that would divert their attention towards it.

He also mentioned that in case they want more info on the overstay they will contact me and i can then submit the explanation letter.

Also i have asked him about the worst case of they refusing my ILR on the above 2 points he said it would not have any sort of impact on my future tier1 Extn or ILR there after.

I am looking to attach my uk payslips for the visa gap period and also looking to write a covering letter that my extn of employment was granted but had to go to india for personal reasons and had to comeback with a fresh wp.
This is just to substantiate that mine was continous employment.

Can someone tell me if my application needs any more supporting documents to justify my visa gap?

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