iamamonkey wrote:jes2jes wrote:
Can you explain how the gap came about and what was your status then?
Did you lodge an application during this period of the gap i.e. a pending LTR application or your visa expired?
Your answer concerning your above circumstance would determine whether you are eligible under the 10 year rule or not and whether your clock stopped
ticking at some point in time.

jes2jes,
I'll try to summarise (not sure about exact dates as I dont have my passports with me now):
30 Oct 2003 - Student Visa Expired
2 weeks prior to 30 Oct 2003 - Granted 6 month visitor visa (had an interview to attend in November) Application made at Liverpool
Nov 2003 - Job offered
24 Dec 2003 - flew back home to Malaysia whilst waiting for TWES application (made by my company) and for them to sort out contracts etc etc. Dont know exact dates when the TWES application was made although I could find out speaking to HR.
some at the end of April 2004 - Visitor Visa Expired
Early May 2004 - TWES visa granted
7 May 2004 - Flew back to the UK. Passport was stamped
10 May 2004 - Started work.
The "gap" was between the end of April 2004 and Early May 2004 (which was i think 2 weeks the last time i looked at it).
Did my clock stop ticking in December 2003 or at the end of April 2004, or better still, is it still ticking.
Thanks jes2jes.
Sorry mate I am busy trying to finish a report for the 'Boss Man' for tomorrow, I have not had time to respond to your post.
There are two things you comes to mind:
1. Since there was a gap between the Expiration of your VV and the granting of your TWES EC, your clock stopped ticking at that period (technically).
You can make an application under the LRC and if you can prove that you had any connections to the UK during those period and fulfill all the other conditions during the period of the gap, your case
might be considered but it is very likely the application would be rejected/refused and you will loose the fees since most of the time the CWs go straight by the book but you can check your luck!
2. You would want to ask your employers if at the time of your TWES application, they also lodged an application for FLR on your behalf. If this is so, you clock never stopped and you will be smiling but I can never tell you that.
A better option is to spend £10 and make a SAR via the BIA Data Protection Department (SAB = Subject Access Bereau) and this can tell you a whole lot than HR at your job can (The person might have left

).
So, if you know the answers, you would be armed with the right ammunition to make an application but currently I cannot say and you would be chancing your money for ILR.
Let me know when you have an answer.