Continuity in WP but a gap in visa

[haniffa.s]

Hi All,

I entered UK with the two year work permit visa valid 01/Apr/2006 to 31/Mar/2008.

I got a my new Outcountry WP approved from a different employer by 27-Mar-2008 when I was still in UK.

I left UK by 30/Mar/2008 with the new WP to my home country and applied for my entry clearance by 05/Apr/2008 and got my second entry clearance stamped on 21/04/2008.


Am I elgible for ILr on Mar 2011 or this 20 days visa gap is going to reset my counter?


Any suggestions would be very helpfull.

[geriatrix]

Between 01-Apr and 21-Apr you had no leave to enter/remain in the UK, therefore ILR clock got reset.

The fact that you received a letter (before expiry of you current leave) that authorized you work for a named employer and to apply for Entry Clearance has no influence in these matters. WP is just an authority letter ... not a permission to enter / remain in the UK.



regards

[senthil78]

Hi All,

I entered UK with the two year work permit visa valid 01/Apr/2006 to 31/Mar/2008.

I got a my new Outcountry WP approved from a different employer by 27-Mar-2008 when I was still in UK.

I left UK by 30/Mar/2008 with the new WP to my home country and applied for my entry clearance by 05/Apr/2008 and got my second entry clearance stamped on 21/04/2008.


Am I elgible for ILr on Mar 2011 or this 20 days visa gap is going to reset my counter?


Any suggestions would be very helpfull.

If I look at your case as per rule, you have break in your visa. However, the case worker will apply discretion in your case by considering that you never overstayed and returned to the UK within 90 days (If you have). My friend even extended his both visa & WP out of the UK and returned after 50 days, he got his ILR successfully at PEO last year. If you would have overstayed during this period 01-Apr and 21-Apr, your ILR clock would have got reset. In your case, you should be fine.

[geriatrix]

My friend even extended his both visa & WP out of the UK and returned after 50 days.

An out-of-country extension of a unexpired leave is different from not having leave at all. Also, ignorance by one caseworker should not be viewed as discretion by all.

This said, the decision is for OP to make.

regards

[haniffa.s]

Hi Senthil/sushdmehta,

Thanks a lot for your views.

Infact I got my incountry approval letter from HO 3 weeks before my current leave expired which allowed me to join the new employer immediately .

But in such case I need to apply for FLR in UK itself but I couldn't do that as I had a family situation where I had to travel to my home country anytime so I did not want to submit my passport.

So I asked my new employer to apply for the outcountry WP which I got before my visa expired.And WP number is on all these three(1sp WP,second incountry approval,3rd outountry WP) are same.

And I did not join my new employer .So I had every intention to continue my residency and I did not violate any HO rules like overstaying.


I also checked with solicitors some say its a gap and some say its purely a discretionary case.

I think I need to give it a try by Mar-11.

[haniffa.s]

to make it more clear I did not join my new employer till I got my 2nd Entry clearance..and from there on I have been working them and no change so far.

[Pierrot95]

So I had every intention to continue my residency and I did not violate any HO rules like overstaying.

Not meeting the criteria for ILR is different from violating immigration rules. You've done nothing wrong. You haven't violated any rule. But that is not the point. That doesn't make you eligible for ILR. You do not meet the "continuity of residency" criteria. It is not about intention. It is about facts.
Sorry to put it this way, I am just stressing what others have said.

========

[haniffa.s]

Hi Pierrot95,

Thanks for your reply and I totallay agree there is break or gap in my case.

But there could be chances where the case worker may consider any discretion if possible.

I have heard from friends that there are people who were in a similar posirion had successfully applied for PR.

[geriatrix]

I have heard from friends that there are people who were in a similar posirion had successfully applied for PR.

In that case, best to check with your friends as to the kind of evidences such applicants had provided with their applications to make their case stronger or make the caseworker ignore such evident breaks in residency.

It would be interesting if such applicants, who had no leave to enter/remain in the UK for some time during their residential qualifying period but were still successful in their settlement application, can post their first hand experience on this forum. It will help us and individuals in similar situation to understand what documentary evidences are needed for the caseworker to ignore such breaks or apply discretion in the applicant's favour.


regards

[senthil78]

@haniffa.s, Almost 3 of my friends got ILR with the application made out of the UK. In one occasion, I overstayed due to my employer (My employer fault) but they (3 friends) left the UK before expiry of their FLR. But I managed to got my ILR with the letter from my employer via postal application due to gap in my visa. But they got their ILR in same day service (No additional document was submitted). I will recheck with them whether their visa application was made before expiry of their FLR and will post the answer.

[haniffa.s]

@haniffa.s, Almost 3 of my friends got ILR with the application made out of the UK. In one occasion, I overstayed due to my employer (My employer fault) but they (3 friends) left the UK before expiry of their FLR. But I managed to got my ILR with the letter from my employer via postal application due to gap in my visa. But they got their ILR in same day service (No additional document was submitted). I will recheck with them whether their visa application was made before expiry of their FLR and will post the answer.

Thanks Senthil..that would be really great..

[gd_chandrasekar]

hi Senthil

Same situation for me, i left uk after 1 year stay and came with a new workpermit and new entry clearance with in 40 days, but not sure whether my employer applied for NPEE for the first workpermit,

I applied SAR but the guy did not send me any info abt the workpermits at all, even after repeated calls, thinking in UK they might now have the deails of work permit applied in india.

in my case the workpermits and entry clearance overlap, only issue is NPEE or not for the first work permit. if they would have done it, still i might be eligible because of 90 days discreation allowed..

It would be greatful if you could find out from your friends and let us know. I am planning to apply on my own in PEO.

@haniffa.s, Almost 3 of my friends got ILR with the application made out of the UK. In one occasion, I overstayed due to my employer (My employer fault) but they (3 friends) left the UK before expiry of their FLR. But I managed to got my ILR with the letter from my employer via postal application due to gap in my visa. But they got their ILR in same day service (No additional document was submitted). I will recheck with them whether their visa application was made before expiry of their FLR and will post the answer.

[senthil78]

I spoke to one of my friend and here is the detail of his case,

He left from the uk on 13th july 2005 and his was valid until 16th July 2005. Employer applied his new WP & VISA (Not extension) after expiry of his current FLR. He got his FLR on 25th August 2005 for the new WP. He got his ILR successfully last year at shefield PEO. I think that this will clarify your queries. I think that if you haven't overstayed and there is no disruption in your residence/employment more than 90 days, the case worker will apply discretion.

[gd_chandrasekar]

thanks senthil, that explains every thing.

i koow abt the discreation clause which is for 90 days max, but was not sure whether to apply in PEO or thru post. So I will take a chance and apply in PEO..

I spoke to one of my friend and here is the detail of his case,

He left from the uk on 13th july 2005 and his was valid until 16th July 2005. Employer applied his new WP & VISA (Not extension) after expiry of his current FLR. He got his FLR on 25th August 2005 for the new WP. He got his ILR successfully last year at shefield PEO. I think that this will clarify your queries. I think that if you haven't overstayed and there is no disruption in your residence/employment more than 90 days, the case worker will apply discretion.

[haniffa.s]

He left from the uk on 13th july 2005 and his was valid until 16th July 2005. Employer applied his new WP & VISA (Not extension) after expiry of his current FLR. He got his FLR on 25th August 2005 for the new WP. He got his ILR successfully last year at shefield PEO.

Thanks a lot Senthil thats great and gives us lot of confidence now.

[haniffa.s]

Hi All,

Please check this document which says...


Example 3
A person has leave in the UK that expires on 15 September 2008. The person departs the UK on 10 September 2008 (before their leave expired). Whilst the person is abroad they obtain fresh entry clearance and re-enter on 30 October 2008. Has continuous lawful residence been broken?
No. As the person was abroad while they had a gap in leave they have not broken their continuous lawful residence. However, had the person departed the UK after the 15 September 2008, (after their leave had expired), they would have spent time in the UK without lawful leave and therefore broken their continuous lawful residence.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[geriatrix]

The example above is from the 10yr. long residence IDI, the link for which you have also provided. But does this apply to you? Because the issue in your case is not whether lawful residence was broken but whether continuity of residence in the UK was broken. Both are two different things!

Settlement under 10yr. long residence category allows 6 months continuous absence from UK, so should you assume that it (6 months continuous absence) will apply to you too even though you are applying for ILR on basis of WP?

Not discouraging you that your application stands no chance, but you need to be aware of what applies to your case and what doesn't. Also, you need to be prepared for the worst so that you have a stronger chance of success (and hope for the best).


regards

[haniffa.s]

Thanks Sushdmehta..I agree..

I am just looking for clear definition of 'Continuity of Residence' like one given above for 'lawful residence'.

Please share if you may get one.

[geriatrix]

One fact that may help your case is that you had a WP issued before you left UK on 30Mar08 - which shows a clear intent to return to UK. This fact may shift the balance in your favour when it comes to caseworker discretion (personal opinion).


regards

[bhanu_72]

Hi All

I am new to the forum and am confused with a new info i camee acorss with my passport yesterday. Till then I never had doubts about my WP and stay of 5 years.
1) I first came to UK in Aug 2005 and stayed for year till July 1st 2006.
I left to India on July 1st, where my Visa was valid till 7th July. So my HR took another WP on 6th July from india, as they couldnot extend it from india.

But as my child was sick, I could not submit my passport at the work place imm, so got delayed 7 days, and I got my FLR stamed on passport on 21st July 2006.
NOTE: But I have got a copy of the Workperrmit which is issued on 6 th July 2006, which is before the expoury of 1st visa.

From 21st july 2006 till date, the visa extetnsions are from inside UK.

Can anybody advise me on this situattion? How will the gap of 14 days on Visa , having WP copy issued inhand will be handled by HO?

Your adivse on this would be greatful direction for me..

Thanks
bhanu

[haniffa.s]

Hi All

I am new to the forum and am confused with a new info i camee acorss with my passport yesterday. Till then I never had doubts about my WP and stay of 5 years.
1) I first came to UK in Aug 2005 and stayed for year till July 1st 2006.
I left to India on July 1st, where my Visa was valid till 7th July. So my HR took another WP on 6th July from india, as they couldnot extend it from india.

But as my child was sick, I could not submit my passport at the work place imm, so got delayed 7 days, and I got my FLR stamed on passport on 21st July 2006.
NOTE: But I have got a copy of the Workperrmit which is issued on 6 th July 2006, which is before the expoury of 1st visa.

From 21st july 2006 till date, the visa extetnsions are from inside UK.

Can anybody advise me on this situattion? How will the gap of 14 days on Visa , having WP copy issued inhand will be handled by HO?

Your adivse on this would be greatful direction for me..

Thanks
bhanu

Just an update from this member that he has got his ILR successfully with visa gap

[haniffa.s]

I have got my ILR

[gd_chandrasekar]

Hi

Mine is also same case, I had a gap of 40 days, between UK exit and UK entry with new work permit. After I left to India I got my new work permit from same employer and new entry clearance. There is a discretion clause for 90 days. I got my PR last year on that basis.

Should not be a problem.

Thanks

Hi All,

I entered UK with the two year work permit visa valid 01/Apr/2006 to 31/Mar/2008.

I got a my new Outcountry WP approved from a different employer by 27-Mar-2008 when I was still in UK.

I left UK by 30/Mar/2008 with the new WP to my home country and applied for my entry clearance by 05/Apr/2008 and got my second entry clearance stamped on 21/04/2008.


Am I elgible for ILr on Mar 2011 or this 20 days visa gap is going to reset my counter?


Any suggestions would be very helpfull.

[sarath1212]

Hi All, My case is slightly different from others.

I came to this country on 18 months WP visa valitd 21/11/06 to 21/05/08.

When my 1st extension due to some payment issue application was returned and the solicitor sent the corrected application on 17/05/2008(just few days before the expiry of my FLR)

My extension was approved on 23/06/2008 for 11 months ie till 21/05/2009.(technically 12 months considering the date from 21/05/2008)


My 2nd extension as T2 ICT approved on18/04/2009 till 04/12/11.


My queries are

1.In my 1st extension visa stamping there is a gap of 32 days because of my application was under process in the UKBA HO.Will it affect my ILR application when i apply this year end?

2.Though my entry clearance stamped on 21/11/2006 i came to this country on 15/12/2006. My current leave expires on 04/12/2011 (which is 11 days short of 5yrs completion).Will it be an issue?

I'm with the same employer from the day 1.

I need all the experts valuable advice and thanks in advance for your great help.

Cheers!
Raj

Hi All,

I entered UK with the two year work permit visa valid 01/Apr/2006 to 31/Mar/2008.

I got a my new Outcountry WP approved from a different employer by 27-Mar-2008 when I was still in UK.

I left UK by 30/Mar/2008 with the new WP to my home country and applied for my entry clearance by 05/Apr/2008 and got my second entry clearance stamped on 21/04/2008.


Am I elgible for ILr on Mar 2011 or this 20 days visa gap is going to reset my counter?


Any suggestions would be very helpfull.

[haniffa.s]

Hi All, My case is slightly different from others.

I came to this country on 18 months WP visa valitd 21/11/06 to 21/05/08.

When my 1st extension due to some payment issue application was returned and the solicitor sent the corrected application on 17/05/2008(just few days before the expiry of my FLR)

My extension was approved on 23/06/2008 for 11 months ie till 21/05/2009.(technically 12 months considering the date from 21/05/2008)


My 2nd extension as T2 ICT approved on18/04/2009 till 04/12/11.


My queries are

1.In my 1st extension visa stamping there is a gap of 32 days because of my application was under process in the UKBA HO.Will it affect my ILR application when i apply this year end?

2.Though my entry clearance stamped on 21/11/2006 i came to this country on 15/12/2006. My current leave expires on 04/12/2011 (which is 11 days short of 5yrs completion).Will it be an issue?

I'm with the same employer from the day 1.

I need all the experts valuable advice and thanks in advance for your great help.

Cheers!
Raj

Hi All,

I entered UK with the two year work permit visa valid 01/Apr/2006 to 31/Mar/2008.

I got a my new Outcountry WP approved from a different employer by 27-Mar-2008 when I was still in UK.

I left UK by 30/Mar/2008 with the new WP to my home country and applied for my entry clearance by 05/Apr/2008 and got my second entry clearance stamped on 21/04/2008.


Am I elgible for ILr on Mar 2011 or this 20 days visa gap is going to reset my counter?


Any suggestions would be very helpfull.

In your case you have submited your application before your leave expired hence no gap.

you will complete your 5 years by 15/12/2011 and you can apply 28 days before this date.