ILR

[bazybazy]

I have this doubt with regards to the continuous period when it comes for the ILR. I came to UK by Sep 2005 as student and completed my Masters degree by Jan 2007. Since March 2007 I was working under work permit. First employment was between Mar 2007 - May 2008.

Second Employment Sep 2008 - Sep 2009, Before Starting second employment visited India, July 2008. As I was in India the new employer sent me the VISA / Sponsor letter to India for getting entry clearance, This happened Sep 2008. And I arrived to UK by Oct 2008.

Query 1.

will this new entry clearance (sep 2008) will be taken into account for ILR and need to wait one more year to qualify for ILR or still I can consider my initial period of my employment started by Mar 2007 ?? for my continuous five year time period which I have completed and entitled by Mar 2012.

Query 2

During my stay at India (July 2008 - Oct 2008) I was unwell and due to this I have spent more than 90 days (103 days) continuously out of UK, during this employment change. However, having medical documents between those time period, that I was unable to travel. will this affect for going ILR.

Query 3

I am on TIER 1 (general) which is due to expire on Sep 2012, Instead of applying ILR can I go for another extension TIER 1, and apply for ILR later due to the above mentioned queries (1 & 2) have consequence on my case.

Your suggestions and experience please.

[geriatrix]

Expiry dates of leave (not WP) for WP granted in 2007?
Date of exit from UK in 2008?
WP issue date for the new job in 2008?
Date of entry in UK in 2008 (on basis of WP issued in 2008)?

[bazybazy]

Dates
WP granted on 2007, 1st Employment - May 2007 to November 2008.
Date of exit from UK on 2008 - 06, July 2008
WP issue of new employment - 30 Sep 2008
Date of entry to UK 2008, was on 18 Oct 2008 (on the basis of new WP issued in 2008)

[geriatrix]

Expiry date of leave (not WP) for WP granted in 2007?

[bazybazy]

Nov 2008

[geriatrix]

The issue that you will have is the single absence of 104 days between 06-Jul-08 and 18-Oct-08, during which it appears that you had no economic ties with UK.

Also, since the WP authorisation (for the job that you joined in Oct.) was issued after you had left UK, it will hard to prove that there was an intention to return when you left in Jul '08 - Had the WP application been refused, you couldn't have returned as you did.

[bazybazy]

On completion of the first employment Jun 2008, and securing the new job the same month (jun 2008) conveyed my new employer I am going on Holidays to India and requested them to send the sponsor letter to India. This took too long as they have filed the incorrect application, that the applicant is within UK and they realised I am in India and again applied with the correct form. I don't think there is any refusal on my application.

[geriatrix]

I don't think there is any refusal on my application.

And I did not state there is.

Had the WP application been refused, you couldn't have returned as you did.

[bazybazy]

No it was not refused,

[geriatrix]

It seems you are unable to understand the essence of the statement.

Anyhow, my response remains the same, as posted previously.
Wait for others to post their opinions.

[bazybazy]

Many thanks for your suggestions - Sushdmehta
Any one can comment on my case.
Thanks in advance

Bazy

[cs95tdg]

Any one can comment on my case.

I agree with sushdmehta's assessment below based on the information you have provided. Not going into the last comment, which you don't appear to have understood, the summary of this is that your ILR clock would have been reset when you left the UK on 06-Jul-08. Based on the dates you have provided, you will now be eligible for ILR 28days before the 5th anniversary from your last date of entry into the UK (18 Oct 2008) as a WP holder (I.e. on your second WP).

As to your question on whether you can extend your current leave to remain as a Tier 1 General Migrant, the answer is "Yes". You can apply for as many extensions as you require to cover the 5 year residency requirement for ILR, so long as you qualify with the required points at the time of applying.

The issue that you will have is the single absence of 104 days between 06-Jul-08 and 18-Oct-08, during which it appears that you had no economic ties with UK.

Also, since the WP authorisation (for the job that you joined in Oct.) was issued after you had left UK, it will hard to prove that there was an intention to return when you left in Jul '08 - Had the WP application been refused, you couldn't have returned as you did.

[bazybazy]

Many thanks for all your reply