ILR on Work Permit - How to confirm a visa break/gap?

[kcs123]

Hi All,

I was about to apply for my ILR based on 5 yrs of Work Permit this week untill I came across this forum and found that I too have the dreaded visa break/gap?

I have entered UK on 22nd Nov 2003 and below are the details of my dates as stamped on the passport.


Serial No-------Visa Issued Date-------Visa Issued Until-------Employer
================================================================
1)--------------17-Nov-2003--------------09-May-2004--------------X
2)--------------19-May-2004--------------10-May-2005--------------X
3)--------------22-Dec-2004--------------29-Nov-2007--------------Y
4)--------------06-Sep-2007--------------29-Nov-2009--------------Y



As you can see I have only 10 days visa break between 09-May-2004 and 19-May 2004, however I am 100% confident that my employer on that occassion has sent my application for work permit extension (FLR) on time before it expired on 09-May-2004.

To prove this I have a copy of the approval letter sent by Home Office Work Permits department that my employers request to extended my visa was granted by 12 months and the date on the letter is 10-May-2004 which is 1 day more than 09-May-2004.

That proves that Home Office must have received my employers application request atleast a day before my visa expired on 09-May-2003.

I have also requested for my SAR file from Home office today so hopefully I will get the actual dates Home Office received all my applications and I can use it as another proof as well in my ILR application.

Can you please advise what should I do....

1) Should I go ahead and file my ILR as my case looks easy? If yes should I file through Postal or go to Croydon PEO?

or

2) Should I wait for 6 more months before I am properly eligible for ILR based on 5 yrs of Work Permit from 19-May-2004?

or

3) Should I wait for my SAR to be sent from Home Office and then verify the SAR if everything is right and then apply for ILR either through POST or PEO?


Thanks a lot to all members who have been contributing to this forum and helping people like me.

Cheers,
KC

[dnicky]

As you can see I have only 10 days visa break between 09-May-2004 and 19-May 2004, however I am 100% confident that my employer on that occassion has sent my application for work permit extension (FLR) on time before it expired on 09-May-2004.

To prove this I have a copy of the approval letter sent by Home Office Work Permits department that my employers request to extended my visa was granted by 12 months and the date on the letter is 10-May-2004 which is 1 day more than 09-May-2004.

From the above information it seems that you should be fine. I remember back in 2004 home office used to take a long time to process application, which often resulted in a gap in visa dates, which in real sense might not a gap in ones continuous stay.
Having said that the only way to prove it is if you (or your employer) has retained the postal delivery proof if the application was then posted using special delivery.
In the absence of above your only bet is to request your SAR file (Subject Access Request), which hopfully will show you all the relevant information you are looking for. Please search on this site for SAR and you will able to find how to apply for one.

[kcs123]

From the above information it seems that you should be fine. I remember back in 2004 home office used to take a long time to process application, which often resulted in a gap in visa dates, which in real sense might not a gap in ones continuous stay.
Having said that the only way to prove it is if you (or your employer) has retained the postal delivery proof if the application was then posted using special delivery.
In the absence of above your only bet is to request your SAR file (Subject Access Request), which hopfully will show you all the relevant information you are looking for. Please search on this site for SAR and you will able to find how to apply for one.

Hi dnicky,

Thanks a lot for your reply.

Other than the Home office document which granted my application for extension of 12 months dated 10-May-2004, Unfortunately I dont have solid proof that the request was sent before visa expired (09-May-2004).

However I have applied for SAR file (Subject Access Request) yesterday and waiting for it to arrive.

Cant I use the Home office document dated 10-May-2004 be used prove that the application was sent before the 1st visa expired (09-May-2004).


Cheers,
KC

[dnicky]

Not quite sure. You better wait for your SAR file and see for yourself.

[kcs123]

Not quite sure. You better wait for your SAR file and see for yourself.

Thanks a lot dnicky!

I will wait for the SAR file to arrive. I hope the SAR file has all the dates, importantly the application received dates by the Home Office.

Cheers,
KC

[saurya_s]

Can somebody explain what is SAR file, its use and where can I get as I am thinking of applying for ILR based on 10 years of residency.
Many thanks
S

[dnicky]

Can somebody explain what is SAR file, its use and where can I get as I am thinking of applying for ILR based on 10 years of residency.

A bit of a search on this site will answer all your queries.