GAP 10 YEAR LONG TERM VISA

[LEAH0308]

Hello,

I need to apply for the long term visa in Sep 10, however, I just realised that I may have a problem.

I left my work permit position on the 5/11/2004 and was offered employment in a different area but with work permit.

During this transition time, I went home for 5 days, 17/11/2004 to 23/11/2004.

When I returned the solicitor dealing with the work permit requested my passport. I only received the approval from HO on the 07 Jan 2005.


How will this time affect my application. Can anyone please help.

Oh whilst waiting for the application I still worked for my previous company without pay, because of holiday owed for about a month but my P45 still states 05/11/2004.

[foxy]

Assuming your official end date is 05/11/04, your existing work permit would have been valid for at least to 28 days after that, if your employers notified the Home Office at all. This probably explains why you had no issue to get back into the country when you returned on 23/11/04.

As long as the solicitor can confirm your application for a new work permit was made before 02/12/04, I don't think there is any issue? Your leave is treated as continuing during the time the Home Office is deciding your application, so the fact that you received it on 07/01/05 does not indicate a gap per se.

Besides, given that your old work permit visa and your new work permit visa are bound to overlap (assuming the old one didn't expire before the new one was issued), they may not even notice. But to be on the safe side, just ensure that you have proof that your application for your new permit was made prior to the 28 days after 05/11/04. Also, is there a reason why you're going down the 10 year route, as it appears you have held a work permit for at least five years?

Hope that helps.