break in continuous residency? Please reply -Urgent

[lantana]

Hi,

I am writting to ask if I qualify to apply for ILR(5 years) now. My immigartion history is as follows:

- 8/02/08 to 30/09/10 Work permit

on 25th of september 2010, 5 days before my leave was due to expire, I left UK and returned to India and applied for tier-2 from there, which I received on 14/12/10 (Entry Clearence tier-2 general).

- 16/12/10 to present tier 2 general.

So, it has been 5 years since I started working here. I was wondering if the time between 25/09/10 to 16/12/10 is considered as break in continuity. I remember reading somewhere that if the break is less than 90 days then it is not considered as a break in continuity, however I am not able to find that rule anywhere anymore.

Any advice/help is much appreciated.


I called UKBA, yesterday and they were very confident that I can apply. They reckon it is not considered as a break because it is less than 90 days. However, I am unable to find this anywhere in policy guidance and they proved to be wrong at times. Could you point me to the relevant point on policy guidance please?

Thanks
Harini

[feigoronin]

Hi,

I am writting to ask if I qualify to apply for ILR(5 years) now. My immigartion history is as follows:

- 8/02/08 to 30/09/10 Work permit

on 25th of september 2010, 5 days before my leave was due to expire, I left UK and returned to India and applied for tier-2 from there, which I received on 14/12/10 (Entry Clearence tier-2 general).

- 16/12/10 to present tier 2 general.

So, it has been 5 years since I started working here. I was wondering if the time between 25/09/10 to 16/12/10 is considered as break in continuity. I remember reading somewhere that if the break is less than 90 days then it is not considered as a break in continuity, however I am not able to find that rule anywhere anymore.

Any advice/help is much appreciated.


I called UKBA, yesterday and they were very confident that I can apply. They reckon it is not considered as a break because it is less than 90 days. However, I am unable to find this anywhere in policy guidance and they proved to be wrong at times. Could you point me to the relevant point on policy guidance please?

Thanks
Harini

Hi Hirani,

Since you applied for Tier-2 visa before your work permit expired, it cannot be considered as a break. However, since your application will be based on WP+ Tier-2 you would need a letter from your employer justifying your absence from 25/09/10 to 16/12/10 as per the current rules(go through the form set(O) (http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf )that you will be using for your application), even though its less than 90 days.[/url]

[lantana]

Thanks for the reply.

Sorry! I wasn't clear enough:

Tier 2 general application (entry clearence) was with a new employer and was made from India on 6th Dec 2010. I was offered the job while I was in UK, but had to leave uk before expiry of leave, as they took very long for labour market test, etc and then made mistakes in COS. I had to reapply with a new COS on 6 Dec (previous application was denied due to employer's mistake in COS).

Regards,
Harini.

[feigoronin]

Thanks for the reply.

Sorry! I wasn't clear enough:

Tier 2 general application (entry clearence) was with a new employer and was made from India on 6th Dec 2010. I was offered the job while I was in UK, but had to leave uk before expiry of leave, as they took very long for labour market test, etc and then made mistakes in COS. I had to reapply with a new COS on 6 Dec (previous application was denied due to employer's mistake in COS).

Regards,
Harini.

Since your Tier-2 was sponsered by a different employer it 'may' be considered as a break in your continuous residence. As per the new rules you need a letter from an employer regarding your absence(whether business or paid leaves), which seems you won't be able to. Drop an e-mail to public.enquiries@homeoffice.gsi.gov.uk explaining your situation in detail and see their response. If the response is same as you got when you called them up, you can go ahead with your application and use the e-mail reply as support. Also apply at PEO Solihul, where they do not take visa fee unless your application is accepted(you won't loose any money even if you application is rejected).

Thanks.

[wpilr_nov12]

Read http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[Amber]

Hi,

I applied for 10 years ILR on 29th of August. My application reached them on 30th of August 2013. I received acknowledgment letter (dated 2nd September 2013) from them on 6th of September. They have still not deducted the amount from my account. I had notified my bank about the payment, so there shouldn't have been any problem from the bank side. What does this mean? Has anybody else had similar problem? In short

Application Posted: 29th of August
Application reached on : 30th of August
Acknowledgment received: 6th of September (dated 2nd of September)
Payment not yet taken!!


Thanks

The best thing you can do as of now is wait patiently at least for 2 weeks.

Param