10 year Long Permanent Residence criteria

[mahi_j]

Hi, I have a query, with regard to the eligibility for Permanet Residence, based on completing 10 years of Lawfull stay criteria . I had a student visa, in which my leave to remain was untill Aug 31st 2005. In August I got the job and my employer has done the work permit and I applied for the work permit visa in the same month.During 1st week of September, I was made aware by my case worker(Home Office) that my employer has processed the
in-country work-permit, instead of Out-country permit. So I have with drawn the application and travelled to my Home country to sort out my visa. By the time I have withdraw my application and travelled to my home country, it was 10th september. Then my employer have done the out-country permit and I'm back to the UK in October 2005 with the work-permit visa.

can you please advise, if the above part of my visa status can have any affect to my eligiblility for Permanent Residence(Based on 10 year term Lawfull stay), If at all this has any affect, I am paying for the mistake of my employer( ***** County Council) applying for a wrong work permit. I have all the documentation to prove.., I am not sure, if it is unlawfull stay, as I had 10 days of over-stay., but at that time my visa was under process(untill 10th Sep 2005)..in which I have finally withdrawn my application. But I lost the document, stating that I have withdrawn the application, but I assume that it should have been recorded in their system.
please post ur views, thanks,
Mahee.

[paulp]

... and I applied for the work permit visa in the same month.

Can you confirm that you applied for FLR(IED) before the expiry of your student visa, i.e. before 31 Aug 2005? If yes, you were not an overstayer.

But unfortunately, the problem is not there. Having left the country when your leave to remain expired (either 31 Aug 2005 or arguably 10 working days after the refusal notice of your FLR(IED)), and coming back with a fresh EC in Oct 2005 will be seen as a gap by the HO. Accordingly, your 10 year clock has been reset in Oct 2005 and you're now eligible to apply in Oct 2015.

[ci07jjs]

... and I applied for the work permit visa in the same month.

Can you confirm that you applied for FLR(IED) before the expiry of your student visa, i.e. before 31 Aug 2005? If yes, you were not an overstayer.

But unfortunately, the problem is not there. Having left the country when your leave to remain expired (either 31 Aug 2005 or arguably 10 working days after the refusal notice of your FLR(IED)), and coming back with a fresh EC in Oct 2005 will be seen as a gap by the HO. Accordingly, your 10 year clock has been reset in Oct 2005 and you're now eligible to apply in Oct 2015.

or 5 years on workpermit, which is 2010

[paulp]

or 5 years on workpermit, which is 2010

Yes, 10 years long residence in Oct 2015, or 5 years WP in Oct 2010.