Sole Representative Visa

[yaksh0710]

currently have 2 queries which are listed as below:

A.) I'm holding a Limited Leave To Remain Permit issued under the provisions of Sole Representative. Following are details:

1.) Original Visa issued on: 01-June-2005
2.) Original Visa valid upto: 31-May-2006
3.) Date of first Entry on the visa: 07-June-2005
4.) Renewal Visa issued on: 24-June-2006
5.) Renewal Visa valid upto: 24-June-2010

At the time of renewal I received a letter from the Home Office that at the end of the current visa, I can apply for Indefinite Leave to Remain. It also mentions that the earliest date I can apply for the same is 1 month prior to the expiry of the visa.

However when I recently got in contact with a solicitor for application of Indefinite Leave to Remain, they informed me that I've been issued a Renewal visa that is short by 2 weeks by the Home Office. It does not complete 5 years since Date of first Entry on the Original visa: 07-June-2005 and Renewal Visa is valid upto: 24-June-2010 which they say is an error by the Home Office. Kindly advise me on the subject since I'm preparing all my documents for application for Indefinite Leave to Remain.

B.) I've checked the provisions for application of 'Indefinite Leave to Remain' on www.ukba.homeoffice.gov.uk on completion of 5 years as Sole Representative. However in the section "Calculation of the Five Year Period for Settlement" it mentions the following:

- there have been no absences abroad (apart from those described in paragraph 3 above) and authorized employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all

- there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

I would be highly obliged if you could advise on the following which is related to the above:

1.) Does the statement "6 months in all" mean 6 months over the 5 year period or 6 months in any one year of the 5 year period.

2.) If it means 6 months over the 5 year period, who would need to authorize such trips in case of a Sole Representative given that Sole Representative is paid by the company in UK which is an Wholly Owned Subsidiary of the Overseas Company. Also I'm currently employed in the capacity of 'Director' of the UK company. So would my decision to make a trip be recognized as decision of the Company. If not then who's authorization would be recognized.

Thanks & Regards,

[vinny]

A) You may apply for settlement up to 28 days before the 5th anniversary of your initial entry and before your leave expires, i.e. between Monday, 10 May 2010 and Wednesday, 23 June 2010.

B) It normally means not more than 3 months at any one time and not more than 6 months in total. However, there is apparently discretion to disregard more absences.