break in workpermit

[Gururao]

Hi,

Though I am completing nearly 4.5 years in the U.K in March'06, I had a break in my workpermit for 6 months.

Initial workpermit was from Oct'01 to Oct'02
Business Visa - Oct'02 - February'03
Current Workpermit is from May'03


Given the fact that I was on a business visa for a 6 month period but with the same employer, would that impact the time requirements for ILR. Would really appreciate your inputs..

Guru

[basis]

As per new rules you will be eligible to apply after five years of continuous stay on WP. In your case it is from May 03 so you would be able to apply in May 08 - 2 years and 2 months from now.

If there is a break in WP then it your ILR clock is reset.

In your case you were actually in the UK on business visa. Firstly to work in the UK on business visa is wrong. So as of now it is better for you to wait till May 2008 than taking a risk of penal action for having worked on business visa instead of Work Permit.

[abcd1]

Has there any change in new rule for consideration of the gap in WP?

Previously many people successfully got ILR even with considerable gaps in their 4 year stays (eg. business related absences abroad).

[basis]

Those were exceptions than the rule. But it was / is always a chance once one had a break in the workpermits.

And in this case OP has actually been in the UK during the break on a business visa. May be invitations to trouble....IMHO that is

[Gururao]

Hi,

Just to clarify....i was on a 6 month valid Business Visa and I used to travel to the U.K/europe frequently for business meetings..

Therefore, I was wondering if we could combine the WP + Business Visa period to get ILR this year..


G

[basis]

Unfortunately as far as I know you cannot combine business visa and WP periods for ILR.

[davidm]

If you leave the country and reenter on a tourist/business visa between WPs, your clock will be reset.
My wife had to leave to Canada between work permits (resigned from first job, waiting for second job's WP to come through) due to family emergency. She reentered on a six month visa to clear up some pending things and then went back before coming in again on the new WP, and when she applied for ILR the application was rejected even though the gap was only 2 months because she left the country and reentered the country as a visitor between WPs. She lost about 2 years because of this.