I was late by 1 and a half months in submitting FLR in 2004

Gosh. This is driving me nuts.

My previous leave in 2004 expired on 6 July 2004, although my Employers put the new WP application before the expiry of the leave, I was able to only send the FLR on 1 September 2004.

There was a delay in the processing of the WP application because the HO wanted some extra documents from my Employers and my Employers are fully willing to provide an explanation on that.

Everything went through smooth, except that I received my FLR in January 2005.

I am due to apply for ILR in January 2008, will the above delay cause any troubles in my ILR application.

Please help with my query.

softboy wrote:Gosh. This is driving me nuts.

My previous leave in 2004 expired on 6 July 2004, although my Employers put the new WP application before the expiry of the leave, I was able to only send the FLR on 1 September 2004.

....

Everything went through smooth, except that I received my FLR in January 2005.

Between 6 July 2004 and Jan 2005, you were an overstayer. I think it's advisable to ask the opinion of an immigration consultant/lawyer.

How can I be classified as an overstayer for that period?

According to the HO the definition of an overstayer is as follows:

An overstayer is a person who was granted limited leave to enter or remain in the United Kingdom, but who neither left the country on the date indicated nor asked for the leave to be extended.

I has asked for my leave to be extended, sent the WP Application before 6 July 2004 and by 1 September 2004 asked for FLR to be granted.

At that time in 2004 there were severe delays in processing of FLR and please follow the following link for evidence to the delay:

http://www.workpermit.com/news/2004_05_ ... delays.htm

http://www.workingintheuk.gov.uk/workin ... ports.html

Anyways thanks very much for the valuable coment, I am going to ask for my file from the HO and further also speak to an Advisor.

So you were an overstayer betwen July and September because the submission of WP is not submission of FLR. If you had submitted the FLR before your leave expired, then you would have been covered.

You probably should use a solicitor to make a compelling argument since I think 2 months gap shouldnt be fatal, and the HO didn't seem to mind issuing your FLR despite the delay, dont know if that works in your favour or not

Yes agreed technically I could be deemed as an overstayer between July and September 2004.

The delay was caused because there were additional documents that Work Permits UK requested from my Employers at that time. This caused a delay in the WP approval.

Now why should I be responsible and made liable for this exchange of requests between Work Permits UK and my Employers. I have done nothing wrong. I have a very clean record and have made significant contributions to my Employer's business.

softboy wrote:Yes agreed technically I could be deemed as an overstayer between July and September 2004.

The delay was caused because there were additional documents that Work Permits UK requested from my Employers at that time. This caused a delay in the WP approval.

Now why should I be responsible and made liable for this exchange of requests between Work Permits UK and my Employers. I have done nothing wrong. I have a very clean record and have made significant contributions to my Employer's business.

Actualy you are responsible at the end of the day. I can understand your confusion as to doing so but you are still required to apply before the deadline irrespective that there was a delay in the WP portion. So thus the need for a good solicitor to represent you.

Thanks SYH,

I shall do so.

This system wont let me down.

softboy wrote:Yes agreed technically I could be deemed as an overstayer between July and September 2004.

The delay was caused because there were additional documents that Work Permits UK requested from my Employers at that time. This caused a delay in the WP approval.

Now why should I be responsible and made liable for this exchange of requests between Work Permits UK and my Employers. I have done nothing wrong. I have a very clean record and have made significant contributions to my Employer's business.

Sorry to be the bearer of bad news.

In (or shortly before) 2004, the work permit was separated from the leave to remain. The WP became a permission to work and FLR(IED) became a permission to remain in the country (legal stay). The documents at the time stated that applying for WP did not constitute as application for leave to remain and could not be used to make your stay legal if your leave expired.

I think that because you did not have a valid leave on 1 september, the period between 1 sep and jan 05 was also illegal. Also, you can have a look on the other threads where ILR was refused because of gaps in leave to remain. I think it would be a good idea to seek professional advice.

Edit: Corrected Jan 08 to Jan 05

Thanks paulp. Its an eye-opener.

I am requesting my file from HO as per the Freedom of Information Act, and based upon the information held, I shall take the necessary steps.

Softboy, I wish you all the best.

Also, when you do your subject access request, say that you're doing it under the Data Protection Act, not the Freedom of Information Act. They're two different pieces of legislation and there was a case worker guidance floating around that requests under the FOI should be returned with a letter pointing to the DPA.

Surprisingly, I had started a similar thread at that time in 2005.

I was told that the 4-month gap should not be a problem.

http://www.immigrationboards.com/viewto ... ght=#14837

softboy wrote:Surprisingly, I had started a similar thread at that time in 2005.

I was told that the 4-month gap should not be a problem.

http://www.immigrationboards.com/viewto ... ght=#14837

The home office used to turn a blind eye to these gaps and overstays for WP-based ILR. Actually, it's only a couple of months ago that we started hearing ILR being refused because of those (both 5 and 10 years).

Its not turning a blind eye, my friend.

Its getting tougher and playing with lives of hard working professionals who make a valuable contribution to the economy.

paulp wrote:

softboy wrote:Surprisingly, I had started a similar thread at that time in 2005.

I was told that the 4-month gap should not be a problem.

http://www.immigrationboards.com/viewto ... ght=#14837

The home office used to turn a blind eye to these gaps and overstays for WP-based ILR. Actually, it's only a couple of months ago that we started hearing ILR being refused because of those (both 5 and 10 years).

I personally know someone who was turned down for ILR based on WP (2 years) and HSMP (3 years) because there was a 3 day gap between his leave to remain between the WP and the HSMP visa.

Dawie wrote:I personally know someone who was turned down for ILR based on WP (2 years) and HSMP (3 years) because there was a 3 day gap between his leave to remain between the WP and the HSMP visa.

How long ago was that Dawie? I recently learned about two refusals (one first-hand and another third-hand) on 10-year long-stay in the last 2 months.

I got my ILR despite the 6 month gap based on 5 yrs WP

Thanks for the great support of the board members here

Good bye all.

Hey softboy.

You can't leave us hanging like that!

Did they refer to any policy or concession to overlook this gap when approving your ILR?

Details, details!

Oh - and well done!

Congratulations softboy!!! I think what others in your situation want to know is whether you applied directly or went through an immigration consultant or any info you can give them to increase their chances.

I went and spoke to quiet a few of the very best solicitors in London. They all declined to accept my case, because of the huge gap. They were certain I will not get my ILR.

However I applied myself through post on February 27 with the normal documents as requested on the back of the form.

They did nt ask me any questions, just sent back my passport with ILR sticker on April 28.

Believe in yourself is what I can suggest to everybody.

I guess there are still caseworkers making use of their discretion.

One of my clients was refused with an 11 week gap. Until the 5 year rule is challenged I think the Home Office will dig their heels in on this.. or face the consequences of setting a precedent.

Looks like you've been a very lucky boy, softboy!