WP(s) andCALCULATION OF THE FIVE YEAR PERIOD FOR SETTLEMENT

Hello, everyone. There is an interesting peace of information I have found on the BIA web site.

Here it is:

IMMIGRATION DIRECTORATES' INSTRUCTIONS


CHAPTER 5 > ANNEX F
SECTION 1

EMPLOYMENT, BUSINESS OR INVESTMENT

SETTLEMENT - GUIDANCE – GENERAL

3. CALCULATION OF THE FIVE YEAR PERIOD FOR SETTLEMENT

In assessing whether or not an applicant has fulfilled the requirement to have spent 5 years in continuous residence in the same capacity, short absences abroad, for example for holidays (consistent with annual paid leave) or business trips (consistent with maintaining employment or self-employment in the United Kingdom), may be disregarded, provided he has clearly continued to be based here.


3.1. Discretion in cases where continuous residence has been broken

In addition, time spent here in this capacity may exceptionally be aggregated, and continuity not insisted upon, in cases where:

* there have been no absences abroad (apart from those described in paragraph 3 above) and authorised employment or business here has not been broken by any interruptions of more than 3 months or amounting to more than 6 months in all; or

* there have been longer absences abroad, provided the absences were for compelling grounds either of a compassionate nature or for reasons related to the applicant's employment or business in the United Kingdom. None of the absences abroad should be of more than 3 months, and they must not amount to more than 6 months in all.

NB: Decisions in such cases must be taken at HEO level or above.

Here is the link http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary


It says last updated December 2007 and will be updated soon.
Can anyone advice on the most current situation, please?

For example, I have been in continuous employment for 4.5 years on a WP with the same employer. An extension of the WP was approved on time, but due to the fact that my employer had been too late to forward my application to the Home Office, I had got 14 days gap between the date my first visa expired and LTR was granted.

Any comments would be greatly appreciated.

Hi Andy,

The important fact is whether your employer/you posted the application for FLR(IED) before your visa expired. If yes, keep proof of that.