ILR refused, LTR expired during WP ext. in March/April 2005?

[chetan]

I came to uk in July 1997 and was a student till Nov 2002,

JOB 1
My first Work permit was approved on the 12/11/2002 for 18 months and LTR - 08/01/2003 till 08/07/2004.

JOB 2
Work permit approved on 19/02/2004 for 12 months and LTR - 10/03/2004 till 09/03/2005
Appplied for extension(initially refused and approved after appeal) and work permit approved on 01/04/2005 for 5 years and LTR - 15/04/2005 - 10/03/2010

JOB 3
Workpermit approved on 14/06/2005 for 18 months and LTR - 01/12/2005 - 30/05/2007

JOB 4 - current
Workpermit approved on 06/01/2006 for 5 years and LTR - 11/07/2006 - 07/07/2011

For JOB 2, I continued to work during the time of the application and was advised by the employer that he had spoken about it to the homeoffice. Is this a gap in continuity?

Kind Regards,
Chetan

[Mr Rusty]

If I understand your query correctly, you are concerned about the gap between the expiry of LTR on 9/03/05, and the next extension starting 15/04/05.
If you applied "in time", ie before 9/03/05, your leave continued until the outcome of your case, which in effect was the grant of further leave. It's not clear whether you actually lodged an appeal or just asked for a reconsideration. The latter seems likely, as the whole thing was cleared up in a month.
I don't think you continuity is damaged.

[chetan]

Hi Rusty, Victoria,

Thank you for your reply, I applied for Leave to Remain after the receiveing the approval letter in April. The rules then were different from now please see extract para. 199 - 202 from the the WP guidance notes (Effective from 04/10/2004 – 03/04/2005) during that time.

http://web.archive.org/web/200505252013 ... Cnotes.doc

199. If an extension application is refused, the
person cannot continue working with you beyond
their existing work permit permission or their leave to remain date stamped in their passport, whichever is the earliest.

200. If your application has been refused and you seek a review of the decision or re-apply, your employee should be advised not to apply for further leave to remain unless we have issued an approval for a work permit.

201. If your employee does apply for further leave to remain and we have not issued an approval for a work permit then their application will be refused because they have no valid Immigration Employment Document.

202. Subsequently if we do issue an approval for a work permit and your employee applies for further leave to remain they will be subject to a further charge if appropriate.

Chetan
[Edit: updated link]

[VictoriaS]

Then there was no gap, but you should apply by post.

Victoria

[chetan]

I sent the application by post on 03/01/2008, I added a covering letter explaining the reason for late LTR application. I am still slightly worried, but am keeping fingers crossed.

Chetan

[chetan]

I called the home office today on the 0870 606 7766 to ask if they have received my application, they have received the application and its waiting further consideration, I asked what does that mean and she said it means its waiting further consideration.

Is this a bad thing meaning a case worker has seen the application and not sure about it?

[chetan]

Hi all,

I got my result today and ILR has been refused on the grounds of damaged continuity between 09/03/2005 and 07/04/2005. The exact wording is:

In view of the fact that you made an out of time application for Work Permit employment on 07 April 2005 when your leave to remain had expired on 09 March 2005 the Secretary of State is not satisfied that you have spent a continuous period of 5 years in the United Kingdom in this capacity.

any views anyone?

Chetan

[paulp]

Sorry to hear about that. It seems that they're not happy about the break in LTR.

Unfortunately, after they split the Work Permit from the Leave to Remain in 04, there was no section 3C protection between 09/03/2005 and 07/04/2005 and the leave was not continuous.

Someone should be along shortly to see if there is a way around this.

[chetan]

Hi Paul,

Thank you for your reply, i am not happy because the work permit guidance during that time stated explicitly that if an extension application is refused and the employer seeks a review or reconsideration then the employee should be advised not to apply for further leave to remain until the decision is made (paragraph 200 of the work permit guidance). The clause for applying before further leave before current leave expires was announced/added in august 2005 - link.

Chetan

[paulp]

Hi Chetan,

I understand. It seems that there was no way to win. Between the WP/LTR split in 04 and the change in Aug 05 allowing FLR to be held till determination of WP, if one couldn't get a WP approved in time, that was it.

You were technically considered an overstayer between the two LTRs.

[tsp]

Dear Chetan,

I have same problem, Can anyone please clarify.

WP1

WP Approved 12 Mar 2004 and LTR 14 March 2004 to 23 Jan 2005

Applied for extension(thru employer) , It is approved and got a letter from HO and my passport. Not a WP copy. Just letter stating that my WP has been aproved dated 25 Jan 2005

LTR started from 25-Jan-2005

But only one day gap between these two LTR. Does it affect my ILR?

Any sugesstion or How do I clarify this.

Regards
tsp

[chetan]

Hi tsp,

If you applied for LTR before it expired then you should be fine, in my case i applied after the current leave had expired.

Chetan

[paulp]

These days, even if the applicant applied before expiry of leave and had Section 3C protection, the HO sometimes says that there is a gap and the onus is on the applicant to prove the posting date.

Anyway, Chetan, you may want to seek professional advice, maybe a free initial consultation, to see if your gap can be argued at all.

[chetan]

Hi all,

I finally was granted ILR on 23rd July 2010 @ croyden peo.

Thank you