ILR 5 month residency break

[ajay_mital_1]

Dear Experts,

I read some threads on break in continuity for ILR; I am in a relevant situation and wondering if you could guide me on this.

I had a work permit that started from February 2006 and I changed the employer in November 2007; my new employer could not obtain the new work permit within 28 days on the grounds of having not advertised the position - HR put my designation title different (it was just internally created title rather than job responsibilities etc were hugely different). On this basis HO rejected the application. My employer launched a fresh application but as it was outside 28 days they refused it too and my employer had to go for an out of country application.

In the mean while, my work permit residency was curtailed to January 2008; I launched an FLR application prior my curtailed visa expired and HO took the decision late February 2008 and asked me to leave. I left the UK mid March and obtained visa on the new work permit starting July 2008 - therefore residency break of 5 months.

At the moment I am on Tier 1 visa that I got in July 2009.

I would like to give ILR application a go next February or mid next year (after completing another 5 months post February), and wondering:

Is is realistic to expect a win?!
What it is likely to be a good solicitor fee (fixed)?

Any good and reasonably charging solicitor's details.

Thanks.

Regards

[geriatrix]

Not eligible for ILR / probationary citizenship / whatever it will be called then until 2013 (5 years from date of entry in UK on basis of work permit issued in 2008).

regards

[GETMEIN]

I completely agree with Sushdmehta.

[aaa123]

What about discretion in accordance with Annex F and case put forward by a competent and experience solicitor.

Thanks

[ajay_mital_1]

What about discretion in accordance with Annex F and case put forward by a competent and experience solicitor.

Thanks

Annex F!!

[geriatrix]

What about discretion in accordance with Annex F and case put forward by a competent and experience solicitor.

Thanks

What will discretion or a solicitor do when the OP had no leave to enter / remain to be in the UK during that period?

Forget about ILR on basis of WP/Tier 1, this break, probably, resets his ILR clock even for the 10/14 yr. category!


regards

[aaa123]

What about discretion in accordance with Annex F and case put forward by a competent and experience solicitor.

Thanks

What will discretion or a solicitor do when the OP had no leave to enter / remain to be in the UK during that period?

Forget about ILR on basis of WP/Tier 1, this break resets his ILR clock even for the 10/14 yr. category!


regards

hmm..how else residency would break ...it has to be a non-resident status for discontinuity to occur!!!

[geriatrix]

it has to be a non-resident status for discontinuity to occur!!!

Doesn't "not having a valid leave to enter / remain" amount to, as you put it, non-resident status?

Also, FYI, not being physically present in the UK when one has valid leave to enter / remain in the UK can, depending on th circumstances, result in break in residency in the UK.

regards

[aaa123]

it has to be a non-resident status for discontinuity to occur!!!

Doesn't "not having a valid leave to enter / remain" amount to, as you put it, non-resident status?

Also, FYI, not being physically present in the UK when one has valid leave to enter / remain in the UK can, depending on th circumstances, result in break in residency in the UK.

regards

Yes it does. but this non-resident status is less than 6 months and as per annex f it qualifies for discretion. thanks

regards

[geriatrix]

Yes it does. but this non-resident status is less than 6 months and as per annex f it qualifies for discretion. thanks

Where does the Annex F state that period without any valid leave to enter / remain (read visa) in the UK can be counted as being resident in UK or that caseworker discretion can be applied.

No visa = no right to live in UK!

Also, I think you missed reading the following text highlighted in blue in Annex F (though it becomes irrelevant in OP's case):

3.1. Discretion in cases where continuous residence has been broken

In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:
• there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or
• there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom.

None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

Having read this, it's no surprise that you wish it to be different (what you've (incorrectly) inferred).

regards

[GETMEIN]

Yes it does. but this non-resident status is less than 6 months and as per annex f it qualifies for discretion. thanks

regards

I think aaa123 needs to have retrospection in to reading English else, the individual would not have judgement on his/her prejudice for vehemently sustained information which does not hold true and please don't misguide others with your adventurous endeavour in getting nowhere.

Hope aaa123 understands this.

Regards