2 Gaps in work permit - Do I qualify for the ILR???

[The Boss]

Few details about my case

a) Had work permit for the period (01/03/06 to 01/03/08 ) when working with Employer A(India based company). Entered UK first on 5th Mar 2006
b) Returned to India on 05/07/2006 and continued in the same project
c) Resigned from Employer on 25/11/2006
d) During the meantime got the offer from Employer B(UK based company) and got new work permit from 09/11/06 to 09/11/11
e) Entered the UK on 08/12/2006 with the new workpermit
f) In 2008 got Teir I-General HSMP visa, valid till 07/2011
g) In 2007, had 94 days (18/08/07 to 19/11/07) stayed outside UK, but was working from home(in India) for Employer B (paid in UK salary). The reason behind this stay, is for medical purpose to support my wife maternity complication.

Period of gaps, long stays outside UK between 2006 to 2010

05/07/2006 to 20/11/2006
17/09/2007 to 19/11/2007

I am able to get the letter from Employer A & B to cover my period of stay in India. Do I qualify for the ILR on Feb 2011?
Whether clock would reset, since the second WP applied in India?

Please advise ....... urgent respone would be much appreciated!!!!

[xyz123]

Few details about my case

a) Had work permit for the period (01/03/06 to 01/03/08 ) when working with Employer A(India based company). Entered UK first on 5th Mar 2006
b) Returned to India on 05/07/2006 and continued in the same project
c) Resigned from Employer on 25/11/2006
d) During the meantime got the offer from Employer B(UK based company) and got new work permit from 09/11/06 to 09/11/11
e) Entered the UK on 08/12/2006 with the new workpermit
f) In 2008 got Teir I-General HSMP visa, valid till 07/2011
g) In 2007, had 94 days (18/08/07 to 19/11/07) stayed outside UK, but was working from home(in India) for Employer B (paid in UK salary). The reason behind this stay, is for medical purpose to support my wife maternity complication.

Period of gaps, long stays outside UK between 2006 to 2010

05/07/2006 to 20/11/2006
17/09/2007 to 19/11/2007

I am able to get the letter from Employer A & B to cover my period of stay in India. Do I qualify for the ILR on Feb 2011?
Whether clock would reset, since the second WP applied in India?

Please advise ....... urgent respone would be much appreciated!!!!

everyone claims they need urgent responses here.....

are you sure your dates are correct? at the end of your post you say you gaps are:

05/07/2006 to 20/11/2006
17/09/2007 to 19/11/2007

but from point (b) and (e) first gap is 05/07/2006 to 08/12/2006. Second gap doesnt tie up with post (g).

Rather than total gap and WP renewal i think your problem is two gaps of more than 90 days. get a good solicitor, get letters from employer, medical letters for your absence and give it a go.

[The Boss]

Its urgent, as you can see the data are very close...

Thanks for advise and correcting the dates......

2 gaps in WP details below:

a) 05/07/2006 to 08/12/2006 (but till 20/11/06, I have got the letter from employer A, but between 21/11/06 to 08/12/2006 no cover from either employers, is that a big concern???)

b) 18/08/2007 to 19/11/2007

[arics89]

as far as i understand about gap and different visas, home office confirms if u leave UK on 1 visa and return on different visa then it is considered as break and hence your continuous stay starts again from whenever u entered UK after joining UK company.

however they also confirm that if application of 2nd visa was reached to UK embassy before your 1st visa was expired then there is chance otherwise it is difficult to explain anything about gap of even 1 day.

i think best thing you can do is call up home office itself, they will guide on phone.

[xyz123]

Thanks for advise and correcting the dates......

2 gaps in WP details below:

a) 05/07/2006 to 08/12/2006 (but till 20/11/06, I have got the letter from employer A, but between 21/11/06 to 08/12/2006 no cover from either employers, is that a big concern???)

b) 18/08/2007 to 19/11/2007

What do you mean no cover from either employer? Did you have a valid UK work permit continuously during this time? If you didnt start for secone employer till 08/12/2006, are you sure you still had new work permit from 09/11/2006 i.e. no break in visa or are you typing your dates wrong.

as i said your problem could be 2 absences of more than 90 days each. see a solicitor...

[The Boss]

Dates are correct ..... its a overlap of workpermit. At the momemt consulting my case with solicitor...

[xyz123]

Dates are correct ..... its a overlap of workpermit. At the momemt consulting my case with solicitor...

do post back with feedback later

[The Boss]

I have consulted few of the solicitors and they have advised this case is possible, if I get a letter from the employer to cover the period of absence. But I would like to know how the continuous period of stay is calculated for Teir I/WP.... I have taken the below rules from revised guidelines for calculation of continuous period of stay from Home Office website

Discretion when continuous residence has been broken Exceptionally, you may add periods spent in the UK to form unbroken continuous residence in cases where:

• there have been no absences abroad (apart from those described above) and authorised employment or business has not been broken by:
o any single interruption of more than three months or
o interruptions that total more than six months. (that means, applicant can stay outside UK for > 180 days, which include max 180 days for employment purpose in total for the five years+ paid/unpaid absence )

• there have been significant absences abroad but the reasons for these were:
o compelling ones of a compassionate nature or
o to do with the applicant’s employment or business in the UK.
o no single absence abroad should be for more than three months at a time and they must not total more than six months(that mean, applicant can stay outside of UK for employment purpose for <180 days in total for the five years)

As per the above rule, for my case number of days I am outside UK for employment purpose is more than 180 days in total for five year. With the letter from employer, does the 180 days rule for employment purpose be exempted?

This was my interpretation, I could be wrong. Please clarify the above.

Looking for an expert advice ...

Thanks..

[The Boss]

Hi All,

I got the bad news last week, that my application was refused. Due to the following reason.....

applied with the help of Solicitor on 09th Feb, didn't accept my application since absence are high(but real reason, lot of staff were on training and to avoid) wanted us to do it by post..tried to re-applying on 15th Feb this time they accepted it...but again due to staff shortage in Croydon, they started working on my application on 16th Feb, suppose to conclude my case on the same day....but unforuntaely they referred my case(I dont what they want to refer, had all documents) and waited for six week for a decision....I think they called up employer about the absences......in one of query my 2nd employer said that I opted to go to India(17/09/2007 to 19/11/2007)....due to that, case worker turn down my appln since the continouse period of stay is broken and given in rejection letter that I can only re-apply for PR on Oct 2012 or after(which is rediculous) .......during that period of absence was paid here, I have all tax for that period and did same work if I would have been in UK, it like working from home but from India, due to my wife maternity complication....The reason which I have mentioned here is not in the reject letter, my agent spoke to case worker and got this details.....

In the rejection leter following is mentioned

In view of two single absence, the Secretary of State is not satisfied that you have not spend a continuous period of 5 yrs in the UK in this capacity.

The Secretary of State has also considered whether to excercise her discretion in your favour, but in view of your particular circumstance had decided not to do so.

You are not entitled to appeal this decision. Sec 82 of the Nationality Immigration and Asylum act 2002, does not provide a right of appeal where an applicant still have leave to enter or remain in UK and so is entitiled to stay here

Another reason for not excersing the discretion, as I have leave to reamain till July 2011. Which is annoying and I could clearly see an opporunity to approve my case.

Senior members, please advise what should I do at this suitation....can I appeal, inspite mentioned as no appeal in the refusal letter.....The letter is not signed by the Secretary of State(SOS), is that mean my case not refer to them and can I request SOS to consider my case....what are option left please suggest...

Apologies for being long winded....suitation is as such, already £2600 given for this application and by Tier I G extn and PR, it would again cost whopping £6000(after the fee changes) ...that why please provide your advise on how proceed my appeal???

Thanks in advance

[The Boss]

Could someone from Senior member team, please take a look at my case and suggest next step...

Please advise....[/u]

[xyz123]

Hi All,

I got the bad news last week, that my application was refused. Due to the following reason.....

applied with the help of Solicitor on 09th Feb, didn't accept my application since absence are high(but real reason, lot of staff were on training and to avoid) wanted us to do it by post..tried to re-applying on 15th Feb this time they accepted it...but again due to staff shortage in Croydon, they started working on my application on 16th Feb, suppose to conclude my case on the same day....but unforuntaely they referred my case(I dont what they want to refer, had all documents) and waited for six week for a decision....I think they called up employer about the absences......in one of query my 2nd employer said that I opted to go to India(17/09/2007 to 19/11/2007)....due to that, case worker turn down my appln since the continouse period of stay is broken and given in rejection letter that I can only re-apply for PR on Oct 2012 or after(which is rediculous) .......during that period of absence was paid here, I have all tax for that period and did same work if I would have been in UK, it like working from home but from India, due to my wife maternity complication....The reason which I have mentioned here is not in the reject letter, my agent spoke to case worker and got this details.....

sorry to hear about the rejection but i would have to say that it is not rediculous. you chose to leave UK for long period of time and with that comes the risk.

i would consider whatever your agent said about calling up emploeer with a pinch of salt, no solicitor/agent likes an unsuccessful case on their books....

You can appeal i think (thought not 100% sure) but it would be very difficult to overturn the original decision ( IMO by saying that your wife had maternity complications and hence you both went to india means you are saying that NHS cant deal with such cases, which is wrong and hence this is not a valid reason for absence)

hopefully some of the moderators will reply soon re your queries.

[The Boss]

Thanks for your response xyz123....To be honest my wife experience with NHS was horrible at that time, I know this is not the place to discuss that..

Looking forward for other moderator's response...

[geriatrix]

The absence in 2006 appears to be a clear break in continuous residence, so nothing to comment on.

in one of query my 2nd employer said that I opted to go to India(17/09/2007 to 19/11/2007)

Therefore, a single absence of more than 90 days - for personal reasons.

Had you employer not used the words "opted to go to India" and had rather certified "applicant on overseas assignment / business trip", the decision would have been different.

If you apply for settlement again, the chances are that your application will again be refused for the reason that on verification with employer at the time of first application by UKBA the employer certified that the applicant had "voluntarily chosen to travel and work from overseas during the period in question".

If there is no right of appeal, you cannot appeal. I believe JR is the only option to challenge a decision when there is no right of appeal.

IMHO, the reason(s) for refusal are not in error. You should apply for extension.

[The Boss]

Thanks sushdmehta for your response....

Why my application for settlement would again be refused, if I am apply on Oct 2012? by that time, I would complete 5 years without any long absence.

Could you please explain that bit again?

[geriatrix]

What I meant to say was .. If you apply for settlement again (now or before Oct. 2012) ....