Work permit for over 5 yrs with 4 mths absence

[sarwat]

Can someone help with my friends situation which is as follows:
I came to UK in Sept 2003 for a year course. I finished my course in Sept 2004. Later on I got job 31st Jan, 2005. The company applied for work permit and also leave to remain (on my behalf). Both work permit and leave to remain were granted on 09/02/2005 and was valid until 30/04/2008.
I left that company on 4th Jan, 2007 after I was offered another job. They got work permit for me on 04/12/2006 which was valid for 60 months.
The problem started here as they thought I will apply for leave to remain myself while I was under the impression that the company will arrange for all the paper work (As my first company did.) And as a result my leave to remain application was not filed at all.
This was disclosed during a routine company audit on 17th Jan 2008. And on the afternoon of 17th Jan, the HR manager sat me down and togather we read the work-permit letter which said that after getting work permit approval, the other requirement is to apply for leave to remain with six months or when current leave to remain expires (which ever is earliest) otherwise work permit becomes invalid.
The HR manager told me that they have no choice except to ask me to leave and re-advertize the job. So I left the company the same day.
Later on I called home office and told them the whole situation and lady I was talking to told me if the company contact home office and explain the whole situation then there is a chance that the home office let me apply for leave to remain even after the 1 year. But she told me that is totally depend on the case worker's descretion and there is no guarentee. So I told me HR manager about this but she was of the opinion that the company should not take any risks and apply for fresh work permit application.
So I had no choice except to leave the country and went back to my home country on 29th Jan, 2008.
The company had already offered me a an off shore contract job which I had accepted. That is although I left the company and the country I was still working for them on contract basis from Pakistan. In the mean time they started the whole job process again and offered me the job while I was in Pakistan which I accepted. They then applied for a fresh work permit which was granted on 28/03/2008 and was valid for 36 months. I got entry clearance on 21/05/2008 (valid until 21/05/2011).

(This is equal to 4 mths absence in 5 year period for ILR application.)

So I rejoined the company on 02/06/2008 and I am still working for them. My visa was extended for 2 yrs again in May this year.
My question is when will I be eligible to apply for indefinite leave to remain considering my whole situation?
Am I eligible or do I have to wait till 2013. home office changing rules make me worried about ILR situation in future.
Thanks for help

[sarwat]

can one of the moderators or members please answer my query? Thanks

[geriatrix]

The day your friend started working for the (new) employer in 2007 until the day he returned to Pakistan (28-Jan-08 ), he was in breach of immigration laws (because he had no leave to remain in UK as a sponsored employee of the new employer; he only had a WP authorisation that UKBA had issued to his employer to be able to sponsor him as an employee in UK) and therefore an overstayer.

Was this fact (overstay) disclosed in the EC application? If not, he should consider himself lucky.

Anyhow, his ILR clock (re)started the day he entered UK in 2008 after obtaining EC.

[sarwat]

Yes, case was discussed with home office at the time. My friend left the country as soon as he was made aware of this by the company. Intact company advertised job on this basis and told home office about every thing. If anything my friend was really unlucky as he is suffering for something where company was at fault as they wrongly advised at the time of work permit and he has to bear the brunt. This site has been useful to many but can still be disappointing.

[sarwat]

My friend still has the email where he was advised that as previous work permit is still valid company does not want you to get your passport stamped until previous one expires. It is rude to say that he is lucky.

[xyz123]

My friend still has the email where he was advised that as previous work permit is still valid company does not want you to get your passport stamped until previous one expires. It is rude to say that he is lucky.

who did the email come from?

[sarwat]

Email came from HR deptt of company.