ILR Query - Please help ! !

[kunald]

I intend to apply for ILR this June but my case is not straight forward. Details are as follows:

a) Had work permit from employer A from 26 June-06 to 13 Dec-06.
b) Entered UK on 04 Jul-06
c) 1st extension of WP (Employer A) - 30 Nov-06 to 29 Jul-07.
d) 2nd extension of WP (Employer A) - 19 Jul-07 to 29 Jan-08.
e) 3rd extension of WP (Employer A) - 04 Feb-08 to 29 Jul-08.
f) Finished contract with Employer A and started work as Self employed
g) Switched to Tier-1. From 17 June-08 to 12 June-11

Please can anyone guide me on the following issues:
1. There seems to be a break in continuous residence of 5 days (at (e) above). The employer told me that the application (for extension) was filed before the expiry of current leave but I have no proof of this. I was in the UK during this entire time. Does this affect my ILR application with regard to 5 years continuous residence or my ILR clock was reset from 04 Feb-08?
2. Was without work from Jan-10 to Jan-11 but my limited company was active and I continued drawing Salary + dividend and can get a letter from accountant. I am now working as staff (from 01 Feb this year). Will the accountant letter coupled with salary slips be enough to show economically active?
3. Due to above complications, shall I apply for FLR first then think of ILR or apply for ILR straight away?

Please help as I am not able to decide whether I should try for extension/ILR or prepare to leave? Thank you all in advance.

[mfwales]

1. Since you continued to reside in the UK and your employer filed for extension prior to current leave expiring, it should not be counted as gap. However, if you want peace of mind you may request a SAR.

2. My guess would be if you are employed at the time of application you should be OK.

These are just my thoughts and I am not an expert by any measure. May be the seniors / mods may give you a more definitive answer.

[xyz123]

1- Get SAR file which should give you application form submitted for WP in question (item e). That should show a date when it was submitted. if it was submitted before your visa expired and home office took long to resolve your application, its' not your fault and it definately wont be a problem.

2- might be a bit difficult as you were unemployed but still drawing salary? but you may get lucky as they may not look at this in very much detail.

3- You should consult a solicitor who may be of help in particular with case 2. FLR and then ILR gives you peace of mind in case ILR is rejected. So spend the money for FLR on a good solicitor.

[kunald]

Thanks mfwales and XYZ123. Yes, I am going to request SAR file and see what information they hold, at the same time I am also trying to get proof (from previous company) that they submitted my application for extension prior to expiry. Any idea what this proof can be? (Like acknowledgment from HO? or proof of posting which I doubt they will keep for so long...)

@XYZ123, since I was self employed and had a healthy balance in my company account I continued taking around £3000 per month (Divident + Director's fee / salary). Paid tax on PAYE (Director's fee) amount (Very less though) and have all P60s. The current job I have has salary much lower than what I claimed while switching to Tier-1. Hopefully by June if the new rules are not implemented I will have 4 salary slips to go with my application. If however the new rules are implemented I will take chance and go for a combination of earning from current job (salary) + the dividend I take each month from self employment (Plan to get a letter from accountant in the format found on this forum). Both combined, I will go past the salary threshold I used while switching to Tier-1. Guess there is nothing wrong with that as I can claim earning from employment, self employment or combination of both? .....Fingers crossed..