Applying ILR with 5 months GAP

[sid79]

Hi Guys,

I have been asking the same question in different forums but thanks to one of the member to suggest me for a new topic.


1. came in this country on a two years WP (Entered in UK in SEP 2002)
2. Got a new job just a week before my first WP expires.
3. submitted my case before my WP expired and got approval in (OCT 2004)

4. Then applied on (OCT 2004) for a further leave to remain(in country) and HO accepted my application, but I got my Passport in (March 2005).

5. Now there is almost 5 months GAP between my last VISA and the current one, however my current VISA is valid till NOV 2010.

Can I apply for ILR in AUG 2007 or there is a problem with the GAP.

[John]

It is not totally clear so can you clarify. The application for the new visa, that ended up being issued in March 2005, was the application made before the expiry date of the old visa?

If the answer to that is yes, then you have so-called Section 3C protection and the old visa was "treated as continuing" while they dealt with the application for the new visa. That is it seems that at all times you had a valid visa and should not encounter a problem getting ILR .... assuming of course you have passed the Citizenship Test before you apply.

If the answer to the question is no, then you could well have a problem.

[sid79]

Thanks for your reply John.

my current visa was valid when I got the second job, and my WP application was made before the expiry of the old one.

when my WP got approved, my visa was expired but one of the lawyer suggested that try for the in-country application , if they accept it then your status will be in continuation.

could you please shed some light on the following,


And the lawyer also said that, You have 28 days to get a new job when your workpermit expires.

[John]

For a cost of £10 you can make a Subject Access Request and effectively get a copy of the IND record concerning you.

Click here for more information. Armed with that information you should be able to determine what IND think about your immigration status.