WP + break 3 months 2 weeks + HSMP Tier 1 - eligible?

[cars2fly]

Dear All,

Got a query to figure out if I qualify this year in May 2012 for ILR or not, hopefully you can help me guide to right direction.

Here is my situation:

First entry to UK 24/May/2007 on Work Permit from Indian employer
Received HSMP Tier 1 approval letter - Jan/2008
Date of leaving from UK to India 31/03/2008 - to resign from Indian employer during the process to find UK based employment

New UK based employment confirmation: 21/Apr/2008
HSMP entry clearance submission in India - April end 2008
HSMP entry clearance - 26/May/2008
Passport received from UK embassy on 28/May/2008
Resignation from India based employer - 29/May/2008

Travel to UK on 13/July/2008 and joining UK employment on 14/July/2008

I received my HSMP Tier 1 extension in June 2011 for 2 years.

All other travels after these have been mainly for personal trips for 4 weeks or less and in any year not exceeding 40 days

Now my query is, am I eligible to apply for ILR on 24/May/2012. If yes, then what supporting evidence I would need to provide?

Also, someone suggested me if I can provide some kind of Doctor's letter for 2-3 weeks for extending my break during 2008 April to July 2008 explaining delay in coming back before 90 days. Is it a good piece of advice that I should pursue?

Appreciate if you guys can help me figuring it out correctly.

Kind regards,
Josh

[cars2fly]

Dear Moderators,

I found following document that kind of indicated that I might be eligible and hence would like to confirm if my understanding is correct.

Document link:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

On this document page 4 it mentions:

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but will not have spent five years continuously in the UK before their current leave expires.
Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months

Can you please advise as I am terribly confused whether there is any chances of my application being accepted? Or I have misread the article?

Kind regards, Josh

[sunil.suneel]

If your workpermit expired before you got your HSMP entry clearance then you don't qualify to count your stay from 24/May/2007 as you broke this continuous stay be being out of country which is seen by the gap in visas ...

If you had a valid visa and switched then you can apply for ILR on 24/May/2012.

[cars2fly]

If your workpermit expired before you got your HSMP entry clearance then you don't qualify to count your stay from 24/May/2007 as you broke this continuous stay be being out of country which is seen by the gap in visas ...

If you had a valid visa and switched then you can apply for ILR on 24/May/2012.

Hi Moderators/experts,

I find that my WP expiry date mentioned on PP is 18/05/2008. But I had applied for my EC stamping 2 weeks before expiration of my WP i.e., on 5/May/2008. After the application all the papers were with British High Commission. My understanding is once application is made, date of application is considered for such situations.

Additionally I note that various responses from UKBA (to different forumites) has been that absences should not be more than 90 days in stretch or 180 days in total. In my case total absences is still less 180 days.

Based on these fact do I stand a chance if I can manage to indicate this along with employment letter? Or with any other proof I can show it in evidence?

I have applied for SAR for entry/exit dates from/to UK, would it help?