Urgent Advice please - PEO appointment for ILR on 28th Nov

[rame021]

Thanks

[rame021]

Hi All,
I called UKBA public enquiry office and I was told, as I have broken the employment so, I have broken the continuous residence not eligible for ILR. If I had got my visa, with in 28 days after my completion of assignment on workpermit then there was a possibility of success.

I am planning to cancel my appointment and book for appointment for extension. If some one think otherway please let me know.

Cheers

[rame021]

reply from UKBA

=========================
Dear Sir/Madam,

Thank you for your enquiry.
Please be advised that provided you hade valid leave to remain when you left the United Kingdom in December 2008, you re-entered with valid leave as a Points Based System Tier 1 (General) visa holder and you were not outside of the UK for more than 3 months when you left and re-entered, this will not be considered to be break in your continuous residence in the UK.

Please note also that decision will be made by the caseworker who considers your application, based on the requirements of the Immigration Rules and the documentary evidence which you submit in support of your application. We are unable to comment about the outcome of any application in advance.

Yours faithfully,


Immigration Group
UK Border Agency

If you intend to reply to this email please ensure that you re-send all the information from your original enquiry
===================

Now more confused

[dineshcv]

Rame021,
I am really not sure if any of the Moderators have checked this post.

YOU ARE DEFINITELY ELIGIBLE for the ILR; you need not apply for the extension.

Moderators,
Please comment...

[dineshcv]

Rame01,

1. You have had valid leave to remain in the UK for all the 5 years.
2. The 68 days break (where you shifted to Tier1) is the only unpaid leave which should be considered as absence outside UK.
3. I assume you have been paid in the UK for all these 5 yrs (offcourse excluding those 68 days)

As long as, if you have valid documentation about you paid leaves and business trips, IMHO your case is pretty much a straight forward ILR and u should have got it in July itself.

Regards - DineshCV

[dineshcv]

Sushdmehta,
It will be very helpful if you can respond on this...

Rame01,
Applying for extension is simply burning your money. Please WAIT for the moderator's comments and then proceed accordingly.

[rame021]

I really apprecieate your response Dinesh. You are right, UKBA confirmed the same on email twice, but same UKBA call centre lady misled me, saying not eligible. unfortunately I had cancelled my appointment and now again I have rebooked my appointment, but could get only after 27th Nov.

I requested UKBA to provide any reference to the law which says this. But unfortunately he couldnt provide any link, but confirmed again same thing.

>>>>>
Please be advised that the UK Border Agency is able to confirm that provided you had valid leave to remain when you left the
United Kingdom in December 2008, you re-entered with valid leave as a Points Based System Tier 1 (General) visa holder and you were not outside of the UK for more than 3 months when you left and re-entered, this will not be considered to be break in your continuous residence in the UK.
This is because you had valid leave to remain when you left the UK, your new Points Based System Tier 1 (General) visa was applied for and granted within the validity of your previous Work Permit and you were outside of the UK for less than 3 months.
<<<<<


I have also requested my previous employer the date when they notified UKBA regarding my return from here...

I am not sure if we can get this information from home office...if any one knows please let me know.