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Gap in WP/FLR

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hsmpwpilr
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Posts: 36
Joined: Fri Sep 28, 2007 9:43 am
Location: UK

Gap in WP/FLR

Post by hsmpwpilr » Fri Sep 28, 2007 1:52 pm

Hello,

I have read few posts here mentioning gaps in FLRs results in ILR rejections. I have a similar case.

I entry cleared using work permit dated 4/10/2002.
The FLR expired on 16/11/2002
Meanwhile my employer applied for work permit extension.
Work permit approval for 48 months dated 08/02/2003
FLR issued on 10/03/2003

I can see that there is a gap in the FLR and work permits. I was working for the same employer during this gap.

I'm currently on HSMP and it requires details to be given about other Work permit details. Does it mean it's guranteed rejction ? Is it best to wait for few more months and apply in February 2008 ?

I have read in one of the posts that it's possible to get file from HO. Can anyone please advise me how to go about it ?
Last edited by hsmpwpilr on Tue Oct 30, 2007 12:58 pm, edited 1 time in total.

hsmpwpilr
Newbie
Posts: 36
Joined: Fri Sep 28, 2007 9:43 am
Location: UK

Post by hsmpwpilr » Wed Oct 24, 2007 3:06 pm

Just to update this thread, I received ILR apporoval.

It was not considered as a gap as per the HO records.

I had applied for Subject Access Request. I have not received the response yet. Anyways, it doesn't matter now.

ilr_apply
Newly Registered
Posts: 11
Joined: Fri Sep 07, 2007 11:42 am

congrats

Post by ilr_apply » Tue Oct 30, 2007 10:55 am

Congrats for ILR.

did you applied by post or in person(which PEO), also please can you post the format of leetr from employer(WP category)


cheers

avjones
Diamond Member
Posts: 1566
Joined: Wed May 16, 2007 5:43 pm
Location: London

Post by avjones » Tue Oct 30, 2007 12:30 pm

Hi - congrats on your ILR!

It isn't possible to give an accurate answer for this kind of question usually, unless we know what the HO reckons is a gap.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

hsmpwpilr
Newbie
Posts: 36
Joined: Fri Sep 28, 2007 9:43 am
Location: UK

Post by hsmpwpilr » Tue Oct 30, 2007 12:54 pm

I received the SAR response two days ago.

From the documents, I can see that my employer filed for WP extension before the expiry date of my LTR that time. Though the actual WP extension was approved at a later date (almost 3 months after the LTR expiry date), it was considered as continuous stay.

I'd like to highlight the fact that, at that time it was not needed to apply for FLR (as it was introduced in 2004 I think).

ilr_apply,

I applied in person at Croydon PEO.

The letters for previous employment history, should mention following details:

Company letterhead (address and contact details)
Job title
Employment duration
Salary drawn
Fact that it was a Full time employment

The letter for current employment should include all of the above. It should also mention that you are needed for your present job and the company wants to continue employing you.

avjones
Diamond Member
Posts: 1566
Joined: Wed May 16, 2007 5:43 pm
Location: London

Post by avjones » Tue Oct 30, 2007 1:04 pm

that's right - if someone is applying now for FLR and a new WP, both applications need to be made, and the WP alone isn't enough.
I am not, and cannot, offer legal advice to particular people. I can only discuss general areas of immigration law.

People should always consider obtaining professional advice about their own particular circumstances.

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