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ILR after 5 years

General UK immigration & work permits; don't post job search or family related topics!

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uknamekumar
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ILR after 5 years

Post by uknamekumar » Thu Mar 01, 2007 9:24 pm

Hi All,
As I near that magical 5 years of my stay in UK , I was wondering whether I could actually get past this ILR barrier. My stay althrough has been through a work permit. I came to UK on 15th Aug 2002 by multiple entry workpermit valid until 23 mar 2004 . I stayed here working for a company up until 26 Dec 2003 and came back on 27 Mar 2004 with the work permit starting from 25 mar 2004 . I had to stay back in India for about 3 months (round about exact) for business reason as I am a IT consultant and I had to work for a UK client in India and because of which my visa has a gap period of about 3 days. After that I have been working for in UK without any break up in visa.

I am hoping that i might be eligible for ILR and I would like to know from anybody whether they have any different ideas about my assumption. I know a friend of mine who still managed to get his ILR though he had a gap of 4 months in his visa.

Many thanks

tvt
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Location: London

Post by tvt » Thu Mar 01, 2007 10:20 pm

Time spent under Multiple Entry Work Permit does not count for settlement purposes (however it counts for the purposes of 10 year ILR as any other legal residence).
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<<<N. N. - G. N.>>>

JAJ
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Australia

Post by JAJ » Fri Mar 02, 2007 12:21 am

tvt wrote:Time spent under Multiple Entry Work Permit does not count for settlement purposes
What exactly do you mean by this?

zircon
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Post by zircon » Fri Mar 02, 2007 1:00 pm

Hi uknamekumar,

Yes! you can apply... there won't be any problem mate!

uknamekumar
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Post by uknamekumar » Mon Mar 12, 2007 3:26 am

Thanks Guys, I have started expecting the worst and wait until August. It is pain as we all know it .

PK1
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Post by PK1 » Tue Mar 13, 2007 2:21 am

uknamekumar

Dont worry about it , it would be fine. Mine was a similar case, I had a 4 months gap and I wasnt asked any questions and the ILR application went thru very quickly.

sid79
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Joined: Mon Oct 09, 2006 12:43 pm

Post by sid79 » Wed Mar 14, 2007 9:40 am

Hi Guys,

Just a quick question about ILR time period,

I came in UK on a 2 years workpermit in SEP 2002, and just before a week of my leave expiry I got another job and my second workpermit got issued in OCT 2004, but when I applied for leave to remain they took abt 5 months to process my incountry application and granted leave to remain from MAR 2005 and onwards.

My question is that does that GAP affect my ILR time period , because I think I should be able to apply in SEP 2007.

Thanks in advance for your help.

uknamekumar
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2 day gap did it

Post by uknamekumar » Wed Sep 05, 2007 3:25 pm

I just been to HO for processing my ILR and they have declined to process my application. I had a 2 day gap in workpermit and they said they cant go any further in processing my application and asked me to send the application and docs by post as it is a special case. hum..... :(

VictoriaS
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Post by VictoriaS » Wed Sep 05, 2007 3:33 pm

I don't think that the multiple entry work permit counts towards residency....


Victoria
Going..going...gone!

JAJ
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Australia

Post by JAJ » Thu Sep 06, 2007 2:52 am

VictoriaS wrote:I don't think that the multiple entry work permit counts towards residency....
Why not? (just curious)

VictoriaS
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Post by VictoriaS » Thu Sep 06, 2007 3:18 pm

JAJ wrote:
VictoriaS wrote:I don't think that the multiple entry work permit counts towards residency....
Why not? (just curious)
Because multiple entry work permits are specifically for those who will ony be spending up to 50 per cent of the year in the UK, and holders are threfore not considered to be habitually resident.

Victoria
Going..going...gone!

sid79
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Post by sid79 » Thu Sep 06, 2007 8:45 pm

On 6th of September my ILR got refused as well , I applied in CROYDON premium service, They checked my file on the ground floor and the asked me to move to first floor and pay the money, The visa officer called my number and in five minutes she said I have 7 months gap between two FLRs and she refused my case,


I came in UK in SEP 2002.

Got a new job in Aug 2004 and they filed my workpermit case which i got approval on OCT 2004, and after sending for FLR , it took 5 months to process and I got visa stamped on MAR 2005.


I am so confused as that gap was not because of me it was their processing time, is there any way I can still get ILR.

uknamekumar
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Post by uknamekumar » Thu Sep 06, 2007 9:48 pm

Hi Guys is there anything I can do now. The gap is just 2 days. The fact is though visa was ending on 23 march my company has got the next work permit on 16 the of mar (the work permit paper actually says that it is issued on 16 th march and is valid up until 24 -aug ) but by the time it was stamped the visa validation date became something like 25 th mar . I dont understand how the workpermit issued for certain period be different to what is been stamped on the passport

boonworkpermit
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Post by boonworkpermit » Fri Sep 07, 2007 9:17 am

I'm not an expert, but I think the key issue is the date that you filed for FLR for the second workpermit.
Can you prove to them that FLR was filed before the end of the entry clearance (23 Mar 2004) ?

By the way, how did you file for FLR while you were working in India???
Or did you just get another entry clearance???




uknamekumar wrote:Hi Guys is there anything I can do now. The gap is just 2 days. The fact is though visa was ending on 23 march my company has got the next work permit on 16 the of mar (the work permit paper actually says that it is issued on 16 th march and is valid up until 24 -aug ) but by the time it was stamped the visa validation date became something like 25 th mar . I dont understand how the workpermit issued for certain period be different to what is been stamped on the passport

avjones
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Post by avjones » Fri Sep 07, 2007 10:48 am

I don't think the fact that the gap is 2 days is your main problem. A multiple-entry business visa doesn't qualify for ILR time.
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.

sid79
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Post by sid79 » Fri Sep 07, 2007 3:06 pm

I had three workpermits so far and all were commercial workpermits.

first FLR and second FLR has six months gap as stamping the visa took 5 months.

sid79
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Post by sid79 » Fri Sep 07, 2007 3:06 pm

I had three workpermits so far and all were commercial workpermits.

first FLR and second FLR has six months gap as stamping the visa took 5 months.

jazbaati99
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Location: uk

Post by jazbaati99 » Fri Sep 07, 2007 3:27 pm

I guess the key may be if you applied for second FLR before the expiry of your first leave. If that is the case, your first leave is deemed continous until the outcome of your second FLR. Can you prove that you applied for the second leave before your first one expired? more over was it an in-country switch.

Rgds

sid79
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Post by sid79 » Fri Sep 07, 2007 4:01 pm

The workpermit was filed before the existing leave to remain and I got approval of workpermit in OCT 2004 and sent the FLR in NOV 2004 because you cant send the FLR application unless ur workpermit is approved.

I was expecting that homeoffice is going to say that I need to go back home and get the entry clearance , but they gave me FLR after 5 months.

jazbaati99
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Location: uk

Post by jazbaati99 » Fri Sep 07, 2007 6:34 pm

I will let senior members comment, but in my opinion you were really lucky to receive your FLR in country. You should have send your passport for FLR without a work permit document, within the validity of your existing leave and send them the work permit document when you receive it. However whats done is done, in my opinion your continuous residence has clearly been broken.

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