Gap in Visa: Urgent advice needed!!

Hi,

I am due for my ILR next month.. my WP visa started from 30th march 2004 . I entered this country on 4th of April 2004. The first WP was for 6 months and hence it was valid till 30th of September 2004. same for my visa stamping.
I applied in 1st week September 2004 for the extension through my Employer.
However in 2004 from September to December there were huge delays in HO and hence it took 2.5 months for me to get the extension. My extended WP stated that the WP starts from 24th November 2004 issued on 15th December 2004 and on the visa also it states the same( I sendmy passport together with the application only). I do not have any holding documents from the HO whilst my WP went for extension as it was done by my employer and i have left the employer in 2007. So though i have not left the country at all during that period still my WP (though same number throughout) have a gap from 30th September 2004 till 24th November 2004. The rest extensions dont have any problems at all.
My question is whether this will create any problem for me while i am applying for ILR.
secondly i was working during that period( October-Novermebr 2004) as its clearly stated in HO website that u can keep working still ur extension is approved.
Now i am not sure abt this part and can this be a problem for me? can they tell me that how come i have a gap of 2 months between the WP and that i was overstaying during that period and can they refuse my ILR?
Please can someone advise me as what would be my scenario.i have got an appointment next month for appying in person in Croydon PEO.
Thanks
Abhijitg

The problem is not the gap in WP but in visa! If your initial visa expired before the new one was issued - hence having a gap - that becomes non continuos stay. WP gaps are expected as the HO says clearly yopu can continue working while they consider your papers. That is not the same with visa... it must be valied while they consider your papers, else your stay gets a gap. Sorry if I sound negative, but thats the fact that the CW follows.

Thanks for your reply,
However i have a query. How can i apply for my visa stamping unless i get an approval of my FLR from HO. In my case the HO took 2.5 months to process the application and hence my visa expired before they made a decisoion causing the gap. my visa stamping was due to expire on 30th of September 2004 and i have applied for the FLR in August end 2004. But i got my WP and my visa stamped back from the HO in December 2004. The visa was issued on December 15th but valid from 24th Nov 2004 and my WP also stated that i have been granted a further leave to remain from another 12 months starting from 24/11/2004.
Even if they consider this as a gap(though no fault of mine) still its less than 80 days. and in all the extensions i have same WP reference number. So can ILR be granted on basis of this. plus as i hv mentioned earlier as well i didnt leave the country during the said period,
Regards

Abhijitg

I am having the same problem with a gap in visa of 14 days again in dec 2005. We can't apply for flr unless we get the extension letter.if some seniors can help it would be great thanks Sreedhar

My case is as follows :
Entered uk aug 2004. 6 moths initial visa and then exten letter of 9months.visa extented till oct 2005.

Employer gave me 2nd extn letter only on nov 2005(the letter from home office is dated 3rd nov I presume my employer has applied before my visa expiry)
I applied for flr with the letter and got visa from nov 24 th 2005.
So there is a gap of 14 days.
Then from then on have got hsmp/and then tier 1extensions till 2011 without any problems.
But I still have a doubt about 14 day gap in my visa when I will apply for ilr

Any advice is welcome thanks Sreedhar

Hi,
Just to update that i chased up with my ex employer abt the visa gap and they clearly came back with all the details as below:

my visa ext was due on 30th sep 2004. WP extension filed on 02.09.04... approved on 24/11/04.. [visa stamping cannot be done unless WP is approved] The approval generally takes 5 working days however in 2004 it took 2.5 months to do so.
passport send on 24/11/2004 came back stamped on 16th Dec, 04..so the delay was due to the HO and hence my WP and visa gap is valid.
hope that helps others having the same prob. however i am due next month for my ILR.. will keep u posted about that as well ...
Regards
Abhijitg

i am in the same boat too. My FLR(IED) got submitted in July 2004 after work permit was issued in June by HO. Home Office mentioned to my employer to send the passport after the IED got processed. Even though the WP was approved just before 2 days leave to remain expired, they asked me to apply within 6 months as naturally my employer got the passport after my visa expired. The HO mentioned on the letter to get my passport stamped as soon as possible and within 6 months. I sent the passport after a few weeks (3 weeks) and got it back in a month. However a gap has been constituted inbetween the visas after I went by what the HO directed me to do. Now I am not sure if the ILR caseworker will consider this ?

Please help, if anybody has got any experience similar to this and have been able to explain this to the ILR case worker.

Regards

Ajay.

Any updates ? Has anybody called up the HO or had any experience at any PEO for a situation similar to the one discussed in this thread ?

Thanks a lot in advance.

Ajay.

ajaymitra76 wrote:Any updates ? Has anybody called up the HO or had any experience at any PEO for a situation similar to the one discussed in this thread ?

Thanks a lot in advance.

Ajay.

Hi Ajay.
I had a same problem, I was on work permit upto 6th september 2005, before my authorization stay end , my second employer company lawer applied for the second WP , but HO took 3 months to decide on my application (and approved the WP and FLR ), mean time my FIRST authorization stay end, when I went to apply for the ILR last year , case worker told me there is gaps, I have explained to her, she took all my documents, gave the letter saying need furture queries need to make, after waiting 5 and half months, they refuse ILR bcz of Visa gaps.

Regrds.
Reddy

Reddy wrote:

ajaymitra76 wrote:Any updates ? Has anybody called up the HO or had any experience at any PEO for a situation similar to the one discussed in this thread ?

Thanks a lot in advance.

Ajay.

Hi Ajay.
I had a same problem, I was on work permit upto 6th september 2005, before my authorization stay end , my second employer company lawer applied for the second WP , but HO took 3 months to decide on my application (and approved the WP and FLR ), mean time my FIRST authorization stay end, when I went to apply for the ILR last year , case worker told me there is gaps, I have explained to her, she took all my documents, gave the letter saying need furture queries need to make, after waiting 5 and half months, they refuse ILR bcz of Visa gaps.

Regrds.
Reddy

Hi Reddy,
Did you get your WP approved before your visa was expired?.

Thanks

senthil78 wrote:

Reddy wrote:

ajaymitra76 wrote:Any updates ? Has anybody called up the HO or had any experience at any PEO for a situation similar to the one discussed in this thread ?

Thanks a lot in advance.

Ajay.

Hi Ajay.
I had a same problem, I was on work permit upto 6th september 2005, before my authorization stay end , my second employer company lawer applied for the second WP , but HO took 3 months to decide on my application (and approved the WP and FLR ), mean time my FIRST authorization stay end, when I went to apply for the ILR last year , case worker told me there is gaps, I have explained to her, she took all my documents, gave the letter saying need furture queries need to make, after waiting 5 and half months, they refuse ILR bcz of Visa gaps.

Regrds.
Reddy

Hi Reddy,
Did you get your WP approved before your visa was expired?.

Thanks

Hi ya,
No, I did not get WP approval, before my visa ends. When My lawer applied for WP I had visa, but HO took 3 months to approval my WP, with in this time my Visa was expired.

Regards.
Reddy.

Reddy wrote:

senthil78 wrote:

Reddy wrote:

ajaymitra76 wrote:Any updates ? Has anybody called up the HO or had any experience at any PEO for a situation similar to the one discussed in this thread ?

Thanks a lot in advance.

Ajay.

Hi Ajay.
I had a same problem, I was on work permit upto 6th september 2005, before my authorization stay end , my second employer company lawer applied for the second WP , but HO took 3 months to decide on my application (and approved the WP and FLR ), mean time my FIRST authorization stay end, when I went to apply for the ILR last year , case worker told me there is gaps, I have explained to her, she took all my documents, gave the letter saying need furture queries need to make, after waiting 5 and half months, they refuse ILR bcz of Visa gaps.

Regrds.
Reddy

Hi Reddy,
Did you get your WP approved before your visa was expired?.

Thanks

Hi ya,
No, I did not get WP approval, before my visa ends. When My lawer applied for WP I had visa, but HO took 3 months to approval my WP, with in this time my Visa was expired.

Regards.
Reddy.

Hello Mr Reddy, So how much was the gap in your visa. more than 3 months ? what did they say ? do they take the money first and then see your papers or do they see the papers and say if your application is valid or not ?

Regards

abhijitg, any updates from any source ?

regards

ajaymitra76 wrote:

Reddy wrote:

senthil78 wrote:

Reddy wrote:
Hi Ajay.
I had a same problem, I was on work permit upto 6th september 2005, before my authorization stay end , my second employer company lawer applied for the second WP , but HO took 3 months to decide on my application (and approved the WP and FLR ), mean time my FIRST authorization stay end, when I went to apply for the ILR last year , case worker told me there is gaps, I have explained to her, she took all my documents, gave the letter saying need furture queries need to make, after waiting 5 and half months, they refuse ILR bcz of Visa gaps.

Regrds.
Reddy

Hi Reddy,
Did you get your WP approved before your visa was expired?.

Thanks

Hi ya,
No, I did not get WP approval, before my visa ends. When My lawer applied for WP I had visa, but HO took 3 months to approval my WP, with in this time my Visa was expired.

Regards.
Reddy.

Hello Mr Reddy, So how much was the gap in your visa. more than 3 months ? what did they say ? do they take the money first and then see your papers or do they see the papers and say if your application is valid or not ?

Regards

Hi,
Gap between the visa was 3 months and 10 days,HO said there is break in your 5 years continuity stay. yes they took my money then see my papers.

Regards.
Reddy

It was to be expected. Leave to remain has to be continuous and it's in the rules.

In 2004, the work permit changed and no longer constituted LR (visa).

Hello Abhijitg,

Any news ? Have you applied ?

Regards

Ajay

abhijitg wrote:Hi,

I am due for my ILR next month.. my WP visa started from 30th march 2004 . I entered this country on 4th of April 2004. The first WP was for 6 months and hence it was valid till 30th of September 2004. same for my visa stamping.
I applied in 1st week September 2004 for the extension through my Employer.
However in 2004 from September to December there were huge delays in HO and hence it took 2.5 months for me to get the extension. My extended WP stated that the WP starts from 24th November 2004 issued on 15th December 2004 and on the visa also it states the same( I sendmy passport together with the application only). I do not have any holding documents from the HO whilst my WP went for extension as it was done by my employer and i have left the employer in 2007. So though i have not left the country at all during that period still my WP (though same number throughout) have a gap from 30th September 2004 till 24th November 2004. The rest extensions dont have any problems at all.
My question is whether this will create any problem for me while i am applying for ILR.
secondly i was working during that period( October-Novermebr 2004) as its clearly stated in HO website that u can keep working still ur extension is approved.
Now i am not sure abt this part and can this be a problem for me? can they tell me that how come i have a gap of 2 months between the WP and that i was overstaying during that period and can they refuse my ILR?
Please can someone advise me as what would be my scenario.i have got an appointment next month for appying in person in Croydon PEO.
Thanks
Abhijitg

hello Abhijitg,

If you kindly share your experience for ILR here, it would be of great help... Waiting for your reply.

Regards

Ajay

Hi all,
got my ILR yesterday from PEO Croydon...
Now my case as i have mentioned on "gaps in visa" topic.. i came in this country on 4th April 2004 and my next visa was due to expire on 30th sep.. however i received my visa on 24th nov 2004 causing almost 2 months gap on my visa. I applied for my SAR(Subject access request from home office).. it clearly stated that my application was received by their office on 3rd of september 2004 (before expiry date) and delays were due to them so thats NOT A GAP..anybody facing the same problem please do not worry. as long as your application is received by home office before the last day of your visa expiry your stay is valid.. it is only when your application is received by them after your visa expired is THE PROBLEM.. and you wont get a PR.. for further details get SAR from Home Office if you are not sure..
my case WP from 2004-2007 HSMP 2007-2009 visas overlapping each other. I am self employed and drawing dividends as being adviced by my accountant.

now documents u need to carry (MUST)
5 years P60/p45 especially for HSMP ( atleast for 2 years) + last 1 years salary/dividend slips( if u r self employed)
bank statements for 1 year( 6 months will do but better safe than sorry)
WPs for all 5 years. life in the UK test pass certificate,employers letter or accountants letter for Self employed

Passports( dependants as well if any), passport size photos( 2 each )

better to carry the following:[/b
marriage certificate, birth certificate of child


for self employed:
i also carried following documents as they might have asked for but they didnt.. varies from case to case
company formation letter, vat registration,company bank statement, Subject access request report, ex company letter explaining gap.. i took everything possible but only gave them what they wanted.. i have already mentioned that in(MUST ) list.

process was pretty ok.. took me 3 hrs altogether to get it.. there was huge que so first check up done by the reception .. after going thru some of the docs she told me to pay the fee.. once the fee was paid.. was called by the case worker in 30 mins time.. she went thru the passports, wps, and my economic conditions especially for the last 3 months.. and after 10 mins she said she was happy to grant me ILR.. asked me to come back after 1.30 hrs to collect the visa... so thats it..
if ur documentation is perfect , the process is quite easy..
All the best everyone.. if u need to know anything let me know. i will be more than happy to help u.. this forum has helped me a lott..

Abhijitg.

Congrats
In year 2004 My employer applied for my work permit extension and VISA. The WP extension letter has date 20 days after expiry of the valid VISA at the time. And new VISA stamp has over 30 days gap. Please note that my WP extension was applied before the VISA expired.
And I got my PR, Only thing is while noting case worker didnt put an end date for the first workpermit. Instead he wrote date of entry and 18 months.
For remaining WP he wrote the start date nad end date

But IMO if there was a problem they would have refused at my WP extension.

Sunil

mishragreat wrote:Congrats
In year 2004 My employer applied for my work permit extension and VISA. The WP extension letter has date 20 days after expiry of the valid VISA at the time. And new VISA stamp has over 30 days gap. Please note that my WP extension was applied before the VISA expired.
And I got my PR, Only thing is while noting case worker didnt put an end date for the first workpermit. Instead he wrote date of entry and 18 months.
For remaining WP he wrote the start date nad end date

But IMO if there was a problem they would have refused at my WP extension.

Sunil

Hi Sunil,
Thanks for sharing info. Has your employer applied WP extension and FLR at the same time?. or Has Your employer applied wp extension first and after applied FLR with WP approval letter? . Has your FLR application reached HO before expiry of your visa?

Thanks

mishragreat wrote:Congrats
In year 2004 My employer applied for my work permit extension and VISA. The WP extension letter has date 20 days after expiry of the valid VISA at the time. And new VISA stamp has over 30 days gap. Please note that my WP extension was applied before the VISA expired.
And I got my PR, Only thing is while noting case worker didnt put an end date for the first workpermit. Instead he wrote date of entry and 18 months.
For remaining WP he wrote the start date nad end date

But IMO if there was a problem they would have refused at my WP extension.

Sunil

Please, could you share the info whether your FLR was sent after your visa expired ?

Regards

Ajay

Senthil,
I can not answer the exact questions as the work (WP extension and VISA extension) was done by my employer. I gave my passport to my employer before visa expiry. What i can certainly say is that WP extension letter and and extended VISA have later dates i.e. Both the dates are after the my previous VISA had expired.

Ajay,
I hope above info may help

Thanks

mishragreat wrote:Senthil,
I can not answer the exact questions as the work (WP extension and VISA extension) was done by my employer. I gave my passport to my employer before visa expiry. What i can certainly say is that WP extension letter and and extended VISA have later dates i.e. Both the dates are after the my previous VISA had expired.

Ajay,
I hope above info may help

Thanks

Thanks for your reply Mishra. Ajay, I think that Mikshra's Employer would have sent both WP Extention and FLR before expiry of his visa. One thing is clear, whoever has got ILR, their visa was continuous.