gaps in residenct

[helpwithilr]

Hi All,

Apologies if a similar query has already been answered to. Please guide me to the post if it has.

I came to UK on a one year WP in Dec 2005. This was valid till 30/Nov/2006. I went to India on leave and got a new WP (since the existing permit would have expired before leaving for UK) valid from 20/Nov 2006-20/Nov/2007. Since then I have WP extensions every year here in UK. My question is:

1. Will my first renewal, when I went to India, be considered as a break because I got a new permit in India as opposed to getting an extension here in UK. i.e will that mean my first year is invalid and the count starts from Nov 2006

2. One of my extensions expired on 31/Dec/2008, I was asked to join the India office for 4 months around this time to train new joinees. I went to India on 29/Dec 2008 and came back in May 2009. Again, when I was in India during this time my permit expired, so I did not have a visa from Dec 2008 till May 2009 because I was working in the India office. Does that mean my count starts from May 2009 which is when I came to UK.

[geriatrix]

I did not have a visa from Dec 2008 till May 2009 because I was working in the India office.

count starts from May 2009.


regards

[xyz123]

i think the first one wouldnt have been a problem but second one means you start all over again in May 2009. Cant believe this to be honest. You have lost 3 and a half years because company didnt renew WP and you didnt arrange for HSMP or similar. you should have insisted on getting WP done and then go to india....

[helpwithilr]

Thanks guys, disappointed with this. There is an update to the calculation for the continous residency on the UKBA site. Could someone check this and let me know if I may be eligible now if I can show that I was working for the same company in India who I was working for here

[xyz123]

Thanks guys, disappointed with this. There is an update to the calculation for the continous residency on the UKBA site. Could someone check this and let me know if I may be eligible now if I can show that I was working for the same company in India who I was working for here

there is no effect on your case from that update guidance (almost nothing in there is new anyway). you should read yourself and confirm.

your residence was broken between dec 2008 and may 2009 and thats very clear. you should have got wp renewed before dec 2008 and then gone to india.

[helpwithilr]

Hi,

Apologies if this is useless but need to clarify this once.
http://www.ukba.homeoffice.gov.uk/site ... iew=Binary

On the bottom section the exception says:

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 UK. No single absence abroad must be for more than three months at a time and they must not total more than six months. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.

I was sent to India from jan 2009- May2009 because of business reasons. The reason I was sent there was to work in offshore center. It was related to my work here for the same company. I have emails etc to prove that I was working in the offshore division of the same company as here and have rejoined the UK center in May 2009.[/url]

[xyz123]

Hi,

Apologies if this is useless but need to clarify this once.
http://www.ukba.homeoffice.gov.uk/site ... iew=Binary

On the bottom section the exception says:

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 UK. No single absence abroad must be for more than three months at a time and they must not total more than six months. Where continuous residence has been broken, periods may be aggregated or shortfalls disregarded only with the approval of an SEO or Grade 7.

I was sent to India from jan 2009- May2009 because of business reasons. The reason I was sent there was to work in offshore center. It was related to my work here for the same company. I have emails etc to prove that I was working in the offshore division of the same company as here and have rejoined the UK center in May 2009.[/url]

The fact that you didnt have a visa during few months, means your clock was reset. if you had valid visa, then you could have argued.