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VISA GAP OF 11 DAYS - BUT SAME EMPLOYER FOR 5 YEARS -ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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swasel
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Joined: Mon Oct 04, 2010 11:37 am

VISA GAP OF 11 DAYS - BUT SAME EMPLOYER FOR 5 YEARS -ILR

Post by swasel » Mon Oct 04, 2010 12:10 pm

Hi,

I entered UK 11 Jan 2006. My Visa expiry is on 07-01-2008. My employer applied workpermit extension and got the extension letter on 05-01-2008. Since I was expecting emergency travel plans with in one or two months, i preferred to apply for FLR in person at PEO, Croydon.
I got appointment only on 19-01-2008. I got my visa extended on 19-01-2008 at Croydon. Now it is due for ILR during Jan 2011.

My visa extension happened on 19-01-08 which leaves a gap of 11 days between my first visa (Entry Clearance Visa) and second visa (Residence permit Visa i.e. extension). Will this be an issue while applying for ILR.
I was with a single employer through the period of 5 years. I have P60 for all 5 years.

Please clarify me the following:

1) In my case which PEO will be best? Some friends suggesting to apply Sheffield PEO. I got a feeling to apply at Croydon as my visa got extended without any problem at Croydon.

2) Any proof I need to show why I applied in person than applying in post as applying in person will create a gap between the EC & extension visa.

3) While applying whether we need to deduct the 11 days gap for the qualifying period. My 5 year will be completing on 07-01-2011. Hence, 28 days before this date will be 14-12-2010. Can I apply from 14-12-2010 or I need add 11 more days due to gap leaving the application date to be 25-12-2010.

Since my WP got extended before visa expiry and I was with same employer I think I will not face any problem.

If any of the friends got similar experience and got ILR, please share with me so that I will carry any additional documents than that the standard requirement.

Thanks in advance

Swasel

devet
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Posts: 17
Joined: Sat Oct 09, 2010 3:18 pm

Post by devet » Sat Oct 09, 2010 3:26 pm

Hi Swasel,

Please keep us posted of your outcome as I am awaiting my settlement case decision and have a similar predicament...

All the best,

Pamela

swasel
Newly Registered
Posts: 5
Joined: Mon Oct 04, 2010 11:37 am

Post by swasel » Mon Oct 11, 2010 3:23 pm

Hi Pamela,

Have you applied for ILR in person or by post? How many days gap in visa? Any additional supporting documents/ explaination letter you have submitted to validate
the gap? Did the case worker applied any discretion if the application submitted in person?

Thanks in advace
Swasel

devet
Newly Registered
Posts: 17
Joined: Sat Oct 09, 2010 3:18 pm

Post by devet » Mon Oct 11, 2010 4:25 pm

Hi Swasel,

I have just posted my query on the boards. It does vary slightly from yours in that the visa/WP gap was before my 5 year qualifying residency period. But as you can see, it may cause some confusion to my case worker due to dates entered on the application.

My SET(O) application was sent 30th Sept, rec'd 01 Oct (as I noted they were authorising the funds from my current account), still no Ack letter, so all very much early days in the process.

Keep us posted, and I will do the same. Touch wood for both our cases.

All the best,

Pamela

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