One month gap in 2 WPs, Tier 2, ILR eligibility

[sap76484]

Hello Experts,
Many thanks in advance for your guidance. I have completed 5 years in the UK in Aug 2010 and Im working towards applying for ILR shortly.
However I feel my case is riddled with so many complications that my chances of getting an ILR may be very low and Im keen to seek your advice based on the below points:
1. I entered the UK in Aug 2005 on a WP with company A and continued on that WP till its expiry on 30th Nov 2008.
2. I then left UK for India on 30th Nov 2008 and applied for another WP in India through company B, the new WP came through with a start date of 31 Dec 2008, meaning there is a gap of one month between the expiry of my WP with company A and the new WP from company B.
3. I then travelled back to the UK in Feb 2009 (before 90 days) and continued to work on WP with company B till June 2010.
4. Before the expiry of this WP in June 2010 I applied and got my Tier 2 visa which is valid till 2012 with the same Company B
5. My overall time outside of the UK adds up to 278 days in this period of five years. However, none of this time when I was outside of the UK was more than 90 days at a time.

So in short there is a gap of one month between by two Work permits and my time outside of the UK in these past 5 years is way higher than 180 days. I would be extremely grateful if you could guide me as to how I can counter these shortcomings in my application, if I’m eligible at all for the ILR in the first place.

Many Thanks again for your support on this.

Best Regards
Saurabh

[xyz123]

Hello Experts,
Many thanks in advance for your guidance. I have completed 5 years in the UK in Aug 2010 and Im working towards applying for ILR shortly.
However I feel my case is riddled with so many complications that my chances of getting an ILR may be very low and Im keen to seek your advice based on the below points:
1. I entered the UK in Aug 2005 on a WP with company A and continued on that WP till its expiry on 30th Nov 2008.
2. I then left UK for India on 30th Nov 2008 and applied for another WP in India through company B, the new WP came through with a start date of 31 Dec 2008, meaning there is a gap of one month between the expiry of my WP with company A and the new WP from company B.
3. I then travelled back to the UK in Feb 2009 (before 90 days) and continued to work on WP with company B till June 2010.
4. Before the expiry of this WP in June 2010 I applied and got my Tier 2 visa which is valid till 2012 with the same Company B
5. My overall time outside of the UK adds up to 278 days in this period of five years. However, none of this time when I was outside of the UK was more than 90 days at a time.

So in short there is a gap of one month between by two Work permits and my time outside of the UK in these past 5 years is way higher than 180 days. I would be extremely grateful if you could guide me as to how I can counter these shortcomings in my application, if I’m eligible at all for the ILR in the first place.

Many Thanks again for your support on this.

Best Regards
Saurabh

As far as i know your ILR clock reset when there was a gap in your visa and you were outside UK. so i think your 5 years start from feb 2009.

i am sure mods can point you to rules.

[avjones]

The WP dates don't matter so much as the dates on your leave to enter / remain.

[xyz123]

The WP dates don't matter so much as the dates on your leave to enter / remain.

my understanding is that OP's ILR clock was reset when visa expired and OP was out of UK. is this correct?

[avjones]

I don't know, because he talks about WPs not visa dates.

[cmc_686]

The WP dates don't matter so much as the dates on your leave to enter / remain.

my understanding is that OP's ILR clock was reset when visa expired and OP was out of UK. is this correct?

Don't think so. If your first visa expires you are not allowed to stay in the UK anymore. You should leave UK and apply for another one. As per to my understanding as long as you sent out your second work permit application before the expiration of the first visa, you should be safe.

[k2k]

If you have worked during that time period for Company B from offshore for a UK project due to business needs then you get a letter stating that from Company B, then the caseworker might consider as a contionus residence.

Please note that it's based on the caeworker discretion and worth giving a try.

[bani]

Your gap is 30 Nov 2008 to Feb 2009. You had no status in the UK, you weren't employed by either UK company or paying tax during that time.

So your 5 year clock restarted in Feb 2009. Unfortunately, you can't spin this any other way. You would waste your money by applying for ILR at this time.