Gaps on two ECs and ILR application

[rizwan567]

A casestudy:

1. Applicant enters the UK on two years work permit on 10 March 2005. Work permits ends on 10 Feb 2007. Applicant leaves the country on 5 Feb 2007. But before leaving applicant get a work permit approval letter from UKBA with a new employer.
2. Applicant fly back to home country on 5 Feb 2007 and come back to UK on 20 March 2007 (stayed outside just 1.5 month) on new 5 year work permit with new employer.
3. Applicant has completed 5 years in U.K on two different work permits from two different employers.

My questions is: Is this 1-2 month break in two Entry Clearences going to cause any trouble in getting ILR?

I await your valuable feedback.

[ChetanOjha]

You should be fine. You received WP approcal before your then current leave to remain expired.

[rizwan567]

Just called UKBA 0870 606 7766 and it is told that if there is a gap/break in the two ECs (visas) then applicant is not eligible for ILR. I replied to the adviser if she is 100% sure about it and she got annoyed as I was challenging her knowledge and competency.

Chetan, I specifically told the adviser that 2nd work permit was issued before the expiry of first EC (visa). Even then she said, its off no use as there is a break in residency!

I dont belive these advisers because most of the times you get contradictory information on difficult issues like this.

I wish to see something in writing confirming this. Can someone give some clue, how to do it?

[vinseh]

Just called UKBA 0870 606 7766 and it is told that if there is a gap/break in the two ECs (visas) then applicant is not eligible for ILR. I replied to the adviser if she is 100% sure about it and she got annoyed as I was challenging her knowledge and competency.

Chetan, I specifically told the adviser that 2nd work permit was issued before the expiry of first EC (visa). Even then she said, its off no use as there is a break in residency!

I dont belive these advisers because most of the times you get contradictory information on difficult issues like this.

I wish to see something in writing confirming this. Can someone give some clue, how to do it?

you are right, most of the home office advisors actually don't know what they are talking about. everytime you call them you'll get different answers to the same query. i think you should be fine. for your peace of mind you can send a query to the ukba via 'whatdotheyknow' freedom of information service.

[ChetanOjha]

I went to India in Feb 2006 and apply for new WP from there. I have got ILR last december.

My solicitor told me that to stay eligible for ILR you have to submit your new application within 28 day of your visa expiry.Mine was clearly the similar case.

In your case, you have already received approval(or WP?) before leaving the country and before your then current visa expired. So I see no reason why UKBA phone agent consider this as break in residency.


Also your details are not clear. Did you got EC(Entry Clearance) or you got WP(work permit) before leaving the country? You cannot get EC from within the country. So i replied presuming that you received WP approval before leaving country.

Just called UKBA 0870 606 7766 and it is told that if there is a gap/break in the two ECs (visas) then applicant is not eligible for ILR. I replied to the adviser if she is 100% sure about it and she got annoyed as I was challenging her knowledge and competency.

Chetan, I specifically told the adviser that 2nd work permit was issued before the expiry of first EC (visa). Even then she said, its off no use as there is a break in residency!

I dont belive these advisers because most of the times you get contradictory information on difficult issues like this.

I wish to see something in writing confirming this. Can someone give some clue, how to do it?

[geriatrix]

One fact that cannot be ignored in this case is the time period during which the person in question did not hold any leave to enter / remain in the UK. A work permit approval is not a permission to enter / remain in UK but (just) an authorization on the basis of which an individual may apply for one (leave to enter / remain).

IMHO, a favorable decision in such cases would depend on what evidences are included in the application to prove that continuity of residence in the UK has not been broken and also how the caseworker interprets these evidences.

regards

[bani]

Agree with sush. Problem is that your previous WP EC expired 10/2/07 and I'm guessing your new WP EC didn't get stamped until after that. You had no status from 10/2/07 until 20/3/07 when you returned. Had you stayed in the UK and gotten a WP FLR (for the new WP) before spending 1-2 months in your home country, this wouldn't be an issue at all.

Two positive things going for you - (1) WP was approved before you left and you could have gotten FLR then, (2) Your absence was only 43 days.

It will depend on the caseworker, you can be refused and there's no written rule you can rely on to appeal. Maybe it's best to consult a solicitor.

[rizwan567]

Thank you everyone for posting valuable feedback.

[haniffa.s]

Hi,

Could you please share the solicitor's contact details as I am on the same situation