ILR Visa Gap

[schindler]

Hello,
I came to the UK on a 1 year work permit in Jan2006 and was here in the UK until end of Jan2007.Left after WP expiry and came back through HSMP in March2007.Ever since then I have stayed in the UK and currently on Tier1.
There is a 6 week visa gap between my WP and HSMP. Ignoring the visa gap I would complete 5 years in Jan2011.

I am thinking of doing a postal application for ILR in Jan2011.I appreciate that several members of the forum would say my visa gap would have reset my clock and my ILR won't be possible,but I have seen several threads on this forum with some getting ILR at the case worker's discretion.Can those members of the forum who have got their ILR with gaps please help/direct me.

I also own a House in the UK and been economically active all this while.

I recently came across this

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

and Annexe A says this:

Discretion in cases where continuous residence has been broken
In addition, time spent here may exceptionally be aggregated, and continuity not insisted upon, in cases where:
•
there have been no absences abroad (apart from those described in the paragraph above) and authorised employment or business here has not been broken by any interruptions of more than three months or amounting to more than six months in total;
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 three months duration, and they must not amount to more than six months in total for the whole five year period..



Any one please advise if the above would be applicable to me?

Thanks for reading and have a nice day

[vinny]

Left after WP expiry

If you left after your leave had expired, then this may also be a problem.

[schindler]

Left after WP expiry

If you left after your leave had expired, then this may also be a problem.

Oops.Sorry I did'nt mean that.I left a week before my WP visa expired!

But more importantly what do you think about the points i had raised regarding the visa gap and annexeA?

Any other members of the forum would like to share their thoughts/experiences??