Visa gap of 43 days but continuous stay of 5 years

[kiranjan44]

Hello,

Can any one help me with my query? I am staying in UK for the past 5 and a half years and want to apply for ILR. The problem is I have a gap of 43 days gap between my first visa and second as there was a change in my Workpermit.

I am not sure whether my application would be accepted or not. Can some one guide me?

Thanks

[geriatrix]

How can the stay be continuous if there is a gap of 43 days? Please explain with dates.


regards

[devet]

Hiya,

Do you have any letters from HO following the withdrawal of your first work permit? Anything in writing stating you had a certain number of days to finalise your second work permit?

I think it comes down to lawful residency during the 5 years and that you have been 'economically active' (as others have described), but am not certain.

It may be that the clock was 'reset' at the beginning of your second work permit and the 5 years of qualifying residency started then.

They are pretty good about answering anonymous questions at UKBA, why not ring and ask?

All the best,

Pamela

[kiranjan44]

Hiya,

Do you have any letters from HO following the withdrawal of your first work permit? Anything in writing stating you had a certain number of days to finalise your second work permit?

I think it comes down to lawful residency during the 5 years and that you have been 'economically active' (as others have described), but am not certain.

It may be that the clock was 'reset' at the beginning of your second work permit and the 5 years of qualifying residency started then.

They are pretty good about answering anonymous questions at UKBA, why not ring and ask?

All the best,

Pamela

Hiya, Thanks for your reply. I do not have any letter from HO but I will give a ring UKBA and find out.

Thanks

[kiranjan44]

How can the stay be continuous if there is a gap of 43 days? Please explain with dates.


regards

Sorry! I should have mentioned this before. My continuous stay is after the second WP.

Here are the dates:

My first WP visa is valid from 5/06/2005 till 31/07/2007 and I went back to my home country on 1st of July 2007.

I have re-applied for second visa and is effective from 12/09/2007. So I have a gap between 31/07/2007 till 12/09/2007.

Any clues please?

Thanks

[geriatrix]

Visa dates are not relevant, your stay in the UK and absence(s) from the UK is.

1. When was the 2nd WP approved?
2. When did you enter UK on the visa issued 12/09/07?

regards

[kiranjan44]

Visa dates are not relevant, your stay in the UK and absence(s) from the UK is.

1. When was the 2nd WP approved?
2. When did you enter UK on the visa issued 12/09/07?

regards

OK, I thought Visa dates also play a role here.

My first visa date is from 5-June-2005 till 31-July-2007 and entered UK on 03-July-2005 and left UK 01-July-2007

Once my visa got expired on 31-July-2007 my company has re-applied for the same and I got my second WP from 12-Sep-2007 and I entered UK on this on 16-Sep-2007.

I was absent for a period of 77 days but have a visa gap of 43 days.

I got few more extensions and I am staying here with 2 gaps of 15 days each.

Can you please suggest?

[geriatrix]

IMHO, subject to caseworker discretion. For 43 days you had no leave to enter or remain in the UK - hence a break in residency.

A letter from your employer certifying that you have been in continuous employment since 03-July-05 and a letter to state that the 77 days absence was work related may prove helpful.


regards

[ice.blade]

IMHO, subject to caseworker discretion. For 43 days you had no leave to enter or remain in the UK - hence a break in residency.

A letter from your employer certifying that you have been in continuous employment since 03-July-05 may prove useful. Also, it may help if the 77 days absence can be shown as work related.


regards

i am having almost similar no of days gap in my residency. and my previous employer has agreed to provide me the letter mentioning my start and end date of employment in the UK but not specific declaration of this gap. Would there be any problem if they do not specifically mention that I was away for work reasons?

While I was away from UK, I was still getting paid in UK so economically I was active and my P60 can prove that. Does having paid in UK or being economically active (while physically not present in the UK) would help in my case?

Any help if high;y appreciated....

[geriatrix]

ice.blade, explain reason for the gap.

regards

[ice.blade]

ice.blade, explain reason for the gap.

regards

I was away for project work reasons. I had been sent to my native country to work from Offshore for the same project that I was working here in the UK and hence there was gap of 45 days.

please let me know if you need more information on this.

thank you.

[geriatrix]

In that case, are you worried that you have crossed or will be crossing the 180 days limit in the 5 years qualifying period? If yes, then you'll need a letter from the employer certifying the absence as work related. If not, then there is nothing to worry.

regards

[ice.blade]

In that case, are you worried that you have crossed or will be crossing the 180 days limit in the 5 years qualifying period? If yes, then you'll need a letter from the employer certifying the absence as work related. If not, then there is nothing to worry.

regards

thanks for quick reply.

pls see below my dates/gaps :

13/01/2007 28/01/2007 Paid leave - 14 days
05/11/2007 20/12/2007 Work trip - 45 days
11/10/2008 19/10/2008 Paid leave - 7 days
21/08/2009 06/09/2009 Paid leave - 15 days

Total no of days away - 83

pls. suggest if should be worried or not...

and my employer has agreed to provide the letter of employment stating I started with them on 10/Nov/2005 till June 2010. from then on my new employer, who also agreed to give me letter of employment.

[geriatrix]

See Settlement

regards

[ice.blade]

See Settlement

regards

Thank you again.

I have been through this document. Gives crisp information of rule(s) that are applied for the decision.

Well thank you very much for the help and information.

[pksarathy]

All,
I have completed 5 years in the UK now and am planning to apply for my ILR. I am currently on a Tier 1 General and

- I have been out of country on two occassions owing to work
2006 - conitnuos period of 66 days
2007 - continuous period of 92 days
- I have been out of country on holiday in 2009 for a conituous period of 44 days

I have the following query.

- I know that I have exceeded 180 days in total if I count both work and holiday. Is this a problem?
- I have exceeded more than 90 days on work grounds by just 2 days. Is this a reason for me to worry
- can I overcome this by gettting a letter from my employer that this is work related?
- Is there a format of the letter that anyone can share?

Look forward to your help.

Regards

[tintin]

As someone suggested earlier, a letter from your employer stating that your gap was due to some project requiremnt will help.

One of my friend was in an exactly similar situation, but he got a letter from his employer explaining that the gap was because he was required overseas for a perod of time. UKBA did accept the reason and ILR was granted.

But of course, your situation could be very different if you went back because you changed your employer. I am not too sure how will UKBA treat your application with regards to gaps/breaks in residency.