ILR Eligibility Query - URGENT

salf27 · Post by **salf27** » Tue Dec 18, 2012 9:26 pm

Hi Guys,

I am planning to apply for ILR in Jan and have a below situation:

WP Visa Issued : 15/02/2008
Expired : 03/03/2011 (After one extension)

Before the expiry of my above visa , I got another offer from a company in UK and they offered me the sponsership. I went to india and applied for a Tier 2 Gen visa from India on 03/05/2011 which left me with a gap of 2 months in my visa between expiry of my last visa and date of application for the new visa. The reason for this delay is getting new visa was getting the restricted CoS from UKBA which is a monthly porcess where employer request for the CoS to UKBA and then the UKBA panel decides those CoS on 11th of every month.

My question is that wouold I be able to get ILR with 2 months vvisa gap. I have read post where people have got ILR with more than 2 months visa gaps.

I will really appreciate views from senior memebers.

salf27 · Post by **salf27** » Fri Dec 21, 2012 6:23 pm

Can seniors please help me with my query ?

Post by **Lucapooka** » Fri Dec 21, 2012 6:26 pm

A gap of more than one month between the expiry of your last leave and the emission of your new leave (in the case of an entry clearance application) will have broken your residence and re-sets the clock that counts down to ILR.

sss123sss · Post by **sss123sss** » Fri Dec 21, 2012 6:58 pm

What if there is no gap and applied a new visa in out side of the country before current visa expires, will that be treated as continuous residency?

Example:
Worked in UK from June 2008 to March 2010 and visa will be expired in April 2010. New visa applied and received in March 2010 out side of the country and arrived in UK in March 2010 itself. Will this be treated as a continuous residency?

salf27 · Post by **salf27** » Fri Dec 21, 2012 10:12 pm

Thanks for your reply. I know it resets the clock as per the rule but is it worth to try for it as I had an accident and was on complete bed rest when my visa expired ?

can CW not use his discretion in exceptional cases ?

I saw some people previously got their ILR approved even after 2-3 months visa gap.

wpilr_nov12 · Post by **wpilr_nov12** » Fri Dec 21, 2012 10:34 pm

If you want the cw to believe your story you need to stick to one version. And the expectation that there is absolute truth to it is not unreasonable.

salf27 · Post by **salf27** » Fri Dec 21, 2012 10:44 pm

Hi wpilr_nov12,

I had the combination of both the things which I mentioned, my health and then at the same time I got an offer also from another employer. I am not sure which reason should I show to UKBA. The health one or the employer change.

I have all the medical documents to support. What would you suggest ?

wpilr_nov12 · Post by **wpilr_nov12** » Fri Dec 21, 2012 10:50 pm

Both.

When did the new/prospective employer file for CoS? You need to be able to prove that you had (i) a viable way to return to UK when you went back as WP (ii)every intention of applying for T2 while your WP was still valid.

Post by **Lucapooka** » Sat Dec 22, 2012 8:36 am

salf27 wrote:Thanks for your reply. I know it resets the clock as per the rule but is it worth to try for it as I had an accident and was on complete bed rest when my visa expired ?

What a coincidence!

salf27 · Post by **salf27** » Mon Dec 24, 2012 7:10 pm

Hey guys,

Can some one please advise, what all mdecial documents do I need to submit with my application ? I have medical certificate, hospotal dischage slip, presriptions. Shoudl that be sufficient ?

Thanks in advance for your help..

sy2012 · Post by **sy2012** » Mon Dec 24, 2012 8:59 pm

sss123sss wrote:What if there is no gap and applied a new visa in out side of the country before current visa expires, will that be treated as continuous residency?

Example:
Worked in UK from June 2008 to March 2010 and visa will be expired in April 2010. New visa applied and received in March 2010 out side of the country and arrived in UK in March 2010 itself. Will this be treated as a continuous residency?

So far as I am aware this does not reset the clock. Please read the latest rules as on slide 15 of this link: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

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ILR Eligibility Query - URGENT

ILR Eligibility Query - URGENT