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ILR Problems - Workpermit is not continuous

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shaktidaniel
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Posts: 6
Joined: Sat Sep 08, 2007 8:53 am

ILR Problems - Workpermit is not continuous

Post by shaktidaniel » Sat Sep 08, 2007 6:36 pm

Hello, I've got a problem here. If any of you could think of a way out of this situation, please let me know..

Work Permits :
Issued From Issued Till

21 JUL 2002 - 6 MONTHS - 21 JAN 2003
06 JAN 2003 - 12 MONTHS - 06 JAN 2004
05 DEC 2003 - 12 MONTHS - 05 DEC 2004

-------------------GAP-------------------------
06/12/2004 - 13/11/2005
-------------------GAP-------------------------

14 NOV 2005 - 12 MONTHS - 14 NOV 2006

-------------------GAP-------------------------
15/11/2006 - 18/01/2007
-------------------GAP-------------------------

19 JAN 2007 - 12 MONTHS - 19 JAN 2007

FLR:

Issued on Issued till

19 JUL 2002 - 19 JAN 2003
06 JAN 2003 - 19 JAN 2004
05 DEC 2003 - 19 JAN 2005

----THERE IS A GAP HERE----
THERE IS NO FLR BETWEEN 20 JAN 2005 TILL 25 JAN 2005 according to Home Office. If they take the Issued on date as the Valid From Date, then there is another gap between 20 JAN 2007 till 30 JAN 2007, but they haven't mentioned that. So I don't really understand what they mean.
----THERE IS A GAP HERE

08 FEB 2005 - 19 JAN 2006
08 DEC 2005 - 19 JAN 2007
30 JAN 2007 - 30 JAN 2008

Home office have rejected my ILR appln saying that i do not satisfy the continuous 5 yrs clause and that i can't file an appeal right away because i have a valid work permit till the end of Jan, 2008.
My work permit and FLR dates never coincided and my company told me that the applns were filed on time and it was home office delay which caused the gap in the work permits. they were confident that i wouldn't have any problem in getting my ILR.
Though I can't understand how there could be a gap in my FLR. I've asked my company for all the details as to when they filed the work permit and FLR applns etc.

Has anyone come across such a problem? any help or advice will be appreciated. Also, if you know of any lawyers who specialise in the area, please let me know. I live in the midlands.

Thanks.

softboy
Newly Registered
Posts: 15
Joined: Sun Sep 09, 2007 12:01 pm

Post by softboy » Sun Sep 09, 2007 12:55 pm

I feel extremely sorry of hearing of your cancellation. I am about to apply for my ILR in December, and I am in a very similar predicament.

My last WP expired in July 2004, and my new Employers applied for a new WP before its expiration. However the newly implemented rule of applying for FLR took about 6 months before it was issued to me.

I did enquire at that time with the HO, about the validity of my continuous stay despite the lapse in the FLR processing. But I was assured that my stay still remains continuous.

Also I remember I enquired on this board at that time, recieving the similar assurance as well.

Can someone senior on this board throw some light on this grey area?

Regards,

A

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Sun Sep 09, 2007 3:19 pm

So you were not in the UK during this period:
-------------------GAP-------------------------
06/12/2004 - 13/11/2005
-------------------GAP-------------------------
Am I right? That's almost a whole year....what were you doing/where were you?

gainvidya
Member of Standing
Posts: 263
Joined: Mon Sep 10, 2007 9:42 am

Post by gainvidya » Mon Sep 10, 2007 10:05 am

sakura wrote:So you were not in the UK during this period:
-------------------GAP-------------------------
06/12/2004 - 13/11/2005
-------------------GAP-------------------------
Am I right? That's almost a whole year....what were you doing/where were you?
Apart from that were you ever without a pay.
Did you get your pay continuiously in last 5 years?
Do you still have your payslip and p60 to prove that?

shaktidaniel
Newly Registered
Posts: 6
Joined: Sat Sep 08, 2007 8:53 am

Post by shaktidaniel » Tue Sep 11, 2007 9:05 pm

Sorry, the gap was
-------------------GAP-------------------------
06/12/2004 - 13/01/2005
-------------------GAP-------------------------
so it was for a month and few days and not a whole year as i mistyped.

I was in the UK during half of that period and went to India for Christmas availing my annual leave. I did get my salary throughout the 5 yrs and have bank statements to prove the same. Unfortunately, my company didn't give me a salary slip and no P60. I started getting those only after a different company started sponsoring my work permit from 2007 January onwards.

VictoriaS
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Posts: 1759
Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Wed Sep 12, 2007 1:43 pm

I think you need to get the case file from both the Home Office and from workpermits UK to see exactly what has happened.

Victoria
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shaktidaniel
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Posts: 6
Joined: Sat Sep 08, 2007 8:53 am

Post by shaktidaniel » Thu Sep 13, 2007 7:22 pm

Do Home office generally give out case files of rejected applications? Or how do i go about getting the case files from workpermits and home office?

VictoriaS
inactive
Posts: 1759
Joined: Wed Jan 24, 2007 4:16 pm

Post by VictoriaS » Fri Sep 14, 2007 9:50 am

There is lots of info floating about on how to get the file from the Home Office (Croydon). I would contact Work Permits UK directly about getting your file from them.

If you put in the FOI request they have to give you the papers.

Victoria
Going..going...gone!

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

Post by hsmpwpilr » Fri Sep 28, 2007 3:23 pm

Shaktidaniel, softboy,

I'm in similar situation. Any update on your side ?

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