Does NPEE request reset my counter for PR

Hi,

I am going to complete my 5 years in UK (based on both WP and HSMP) in this month and I have requested "Subject Access request" for my details in home office.

I came in UK in APR 2005.

What I can see from the information received from home office is that: -

In Sep 2006 and in Apr 2007, home office has received NPEE from my company. (exact wording is below).

1) NPEE REC'D from <<my company>>, OSN LEFT 08/09/2006

2) NPEE REC'D from <<my company>>, OSN LEFT 13/04/2007.

I left UK for not more than 2 months in above cases and same company applied for new WP in first case and in second case, I got HSMP visa in India and came for new employer in UK on 08th June 2007.

So please could you advice if my counter for calculating qualifying period of PR reset to June 2007 or can I still consider Apr 2005 as entry and qualify 5 years in Apr 2010.

I would be greatful if you could look at above details and let me know: -

a) If I am eligible to apply for PR now.
b) If its a risk, then what are my chances to get through if applied by experienced solicitor (of course solicitor are taking interest in this application as they will get high fees for it , no matter if I win or loose. So I am looking for unbiased suggestions from experts here.)

Thanks in advance.

Shishir.

If you left UK on 13/04/2007 and returned under new EC 08/06/2007 that's gap is too large for me, and more importantly the UKBA so I think ur clock reset there. Might be worth a put but it's 800 quid wasted if it doesn't come off..

AFAIK, yes! NPEE is, effectively, an authorization from your employer to UKBA to terminate your (company sponsored) leave to enter / remain. Unless you get a new leave to enter / remain within 14 days of UKBA receiving the NPEE from your employer you're without any legal permission to enter/remain in the UK, and hence the ILR clock resets.

The following is an extract from a correspondence to an acquaintance from a law firm (contracted by his employer to assist employees in immigration matters).

When UKBA receives the NPEE (Notification of Premature End of Employment) form, they send a letter to the migrant or to their ex-employer requesting the passport of the individual in order to cancel their existing work permit visa. If UKBA does not receive the passport within 14 days, the individual's visa is cancelled automatically.

This means the individual would have no knowledge that their visa has been cancelled and could unwittingly find themselves in the UK as an overstayer. This would impact on any subsequent in-country or visa applications that the ex-work permit holder makes and could even lead to a visa ban.

regards

Thanks for your replies guys..

Just in case if I get a letter from my ex-employer that I moved out of UK for business knowledge handover purpose (which actually I did) during that period, will that be of any help in convincing HO about continuity of my stay? Ofcourse my employer sent NPEE as they were not sure when I would be coming back again.. but I came sooner than they expected because of urgent requirement. During the period I was in India, I was getting Indian salary only and nothing from UK.

I think answer to my question will still be negative but just in case if there's any way out would be happy to consider as I don't want to wait till 2012 now and I'm sure rules will be changed or made more complicated by then.

Will Appreciate any ideas.

Thanks.

With no leave to enter / remain where does the question of continuity of residency arise .... leave to enter/remain is the very permission to be allowed to become a (temporary / long-term / permanent) resident in the UK.

IMHO ...

Consult a legal brain!


regards

Hi

I am in same senario as you.

came first in Aug 2005, went to india in july 2006, came again on a new workpermit in sept 2006 thru same indian company but for a different UK client. Gap of 46 days, but got my new workpermit in 19 days and stamping in 17 days from new workpermit and 36 days from UK exit.

I am not sure whether my counter is reset or not. I dont know whether my employer has sent any NPEE?

Could you tell me how to apply for the SAR and how much time it took?

Hi Chandershekhar, if you go to home office website and search for "Subject access request" you will get a pdf detailing about where to apply.

In nutshell, just write a letter to Data protection unit at given address and write a brief message like "Please provide all the relevant details of my immingration history and visa statues." and sign it.

attach photocopy of identity proof like passport , DL and residence address proof (Driving license should work in this case) and £10 cheque.

I received all information within 3 weeks.

Cheers.

Hi

Thanks mate. can i ask you a favour, since you are eligible for PR shortly can you pls post me the update, it will helps me a lot..

Chandra

shishir30 wrote:Hi Chandershekhar, if you go to home office website and search for "Subject access request" you will get a pdf detailing about where to apply.

In nutshell, just write a letter to Data protection unit at given address and write a brief message like "Please provide all the relevant details of my immingration history and visa statues." and sign it.

attach photocopy of identity proof like passport , DL and residence address proof (Driving license should work in this case) and £10 cheque.

I received all information within 3 weeks.

Cheers.

Unfortunately I am not eligible for PR shortly mate.. need to wait for another 2 years.. see the posts above.

why dont you try thru an attorny or might even take a chance in applying?

shishir30 wrote:Unfortunately I am not eligible for PR shortly mate.. need to wait for another 2 years.. see the posts above.

Spoken to few solicitors and all have negative reply. so no point wasting money when result is known. If you know someone with similar case as we have and got PR.. then let me know.. I can try taking risk .

even i am searching for some one.. so far no luck..
i have posted many post on this forum asking this question, but no one is sure.

some said that if a new workpermit is applied within 28 days then it might count and stuff like that... but not for sure anything..

infact i kept everthying ready, my uk absesnce lettre from old employer and p60's and other documents, when i get my time, i am going to speak to some solicitors and i will take my chance, i dont mind in spending 1000£

complete PR rules are changed next year, so dont want to wait till then..

did the solicitors say anything..

I have been speaking to Mulberryfinch solicitors... Contact name Siraj Khan. I have heard good reviews about them and all the solicitors I have spoken so far, they are most professional among them and looks more genuine.. infact they have only suggested me to apply for Subject access request and wait for reply.

Also I have confirmed from them that they have handled few cases where if WP is APPLIED within 30 day, they have got PR.

However my case is bit more complicated as my visa was applied after 30 days .

In case you need to contact them.. email address is: - Siraj.Khan@mulberryfinch.com

thanks mate for the info, i will speak to them and see..

WP applied in 30 days? is that from date of exit or from date of NPEE?

mine got applied and approved within 16 days of my exit from UK, and got my stamping in 35 days, i dealyed the travel by two weeks, i was back in UK 47 days from my date of exit, note sure my case stands for.

Not sure mate.. Solicitor could answer better on this case. I don't want to misguide you and anybody reading this post.

final question, i am applying for SAR, everything is ready but came across this in ukba site, do we need to send the original utility bill? if so planning to send my Council Tax.

Making a Subject Access Request
Anyone can make an SAR for information that we hold about them - you do not need any special skills or qualifications. To make an SAR, you must provide:

a cheque or postal order for £10, payable to 'The Home Office Accounting Officer'; and
sufficient personal information to enable us to uniquely identify you - for example, a copy of your passport or driver's licence, original utility bills, and your Home Office reference number if you have one.

I just sent copy of DL as proof of current residence along with passport and visa copy.

You won't get back any document you are sending as proof. So in case you don't need original council bill, could be sent with SAR.

http://www.kingsleynapley.co.uk/news/ne ... ate110809b

check the above link, it seems that previously visa was not cancelled upon receiving NPEE. which means that our visas were still valid? do you think it make sense?

Thats a really good article. What I read about NPEE is that visa gets cancelled in 14 days but like mentioned in article, HO was not cancelling visa automatically before aug 2009.

This could potentially have good news for our case.

Also, I have spoken to solicitor again and what he has mentioned is that there's a discretion rule where if there's a break of visa for less than 3 months, visa office could still consider giving ILR.
Again it will be discretion application and could take upto 6 months in processing.

It is advisable to apply through solicitor as they can draft letters accordingly.

I am almost convinced to take risk but before that what currently I googling is for such discretion rule PDF or document which can actually state such thing. I have no success so far and solicitor is not willing to provide document unless I pay then £150 + vat and see them personally.

So mate, if you can find any such article, document etc where it says that break of continuity for less than 3 months can be considered .. would be great.

Also, from your previous post, if NPEE does not cancel WP, then there is no point of break in continuity.

Let me know your findings.

i could not get any information on discreation clause or the NPEE..

how much is the solicitor charging for the whole ILR process? is that no win no fees model?

£900 + vat. If case is straight forward then they work on no win no fees basis.. in my case, if I loose, no refund will be given as this is discretion application.

got the below links but nothing it talks abt break in workpermit

http://www.bia.homeoffice.gov.uk/britis ... uirements/

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

gd_chandrasekar wrote:got the below links but nothing it talks abt break in workpermit

http://www.bia.homeoffice.gov.uk/britis ... uirements/

http://www.ukba.homeoffice.gov.uk/briti ... cesfromuk/

Because these links relate to naturalisation (citizenship) and not settlement (ILR).

regards

i am looking in other forums as well this is what i found

However, I've read more in the Forum and found out there is document (Section 6A - Points-based system, tier 1 settlement guidance.) about "CALCULATION OF THE FIVE YEAR PERIOD FOR SETTLEMENT" and it says (especially the Higilighted part):

"Annex A – Calculation of the five year period for settlement
...
Discretion in cases where continuous residence has been broken
In addition, time spent here may exceptionally be aggregated, and continuity not
insisted upon, in cases where:
• there have been no absences abroad (apart from those described in the
paragraph above) and authorised employment or business here has not
been broken by any interruptions of more than three months or amounting to
more than six months in total;
or ...


So does this means the gaps between two jobs can not be more than 3 months and the total of gaps in five years can not be more than 6 months?

link to the other forum
http://www.ukresident.com/forums/topic/ ... er-1-visa/

not sure whether i can post this here or not..

try find this, i am also aggressively looking for it

check this link mate,

http://www.bia.homeoffice.gov.uk/siteco ... iew=Binary