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Gap between FLR not in WP, Implication on ILR

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

Gap between FLR not in WP, Implication on ILR

Post by gainvidya » Wed Sep 12, 2007 4:14 pm

Hello friends,

I have similar issue as this, Its just that I am unable to understand if "shaktidaniel" have a gap between WP or FLR.
http://www.immigrationboards.com/viewtopic.php?t=18756

I have a bit tricky case wherein in my first 10 months I had GAP between FLR but not between WP. Basically I am on WP from Nov 2003 - Till Date and following are the breakup period of my WP.

Nov'2003 to Apr'2004 for 6 month. Between this WP period I applied for HSMP in Feb'2004 and if people remember passport was supposed to be posted as part of the aplication in those days. I got my HSMP rejected in Jul'2004 (i.e. 3 month after my FLR expired). Immd my Employer filed for a 12 month WP extension which I received after 2 month i.e. in Aug'2004 and following that we filed for FLR which I got it in Sep'2004. After that its all smooth

In summary although I got a 12 month WP extension after 5 months of my first FLR expiry date, the FLR for that WP extention was given only for 7 month as if it was covering the uncovered FLR period of 5 month. My query was would this be considered as a GAP in the sight of HO for the case of ILR though there is GAP in FLR but not in WP. To Add I was always employed for the same employer and have all the payslip/p60 for that period.

I would highly appreciate answers from senior guys including John and Victoria

Many Thanks,
Vidya

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

Post by VictoriaS » Wed Sep 12, 2007 4:29 pm

As with everyone else...get the Home Office file, then apply by post with an explanation.

Victoria
Going..going...gone!

peejay
Newbie
Posts: 34
Joined: Tue Aug 28, 2007 9:08 pm

apply for file

Post by peejay » Wed Sep 12, 2007 8:00 pm

How do we apply for file? Thanks

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

Post by gainvidya » Wed Sep 12, 2007 10:12 pm

VictoriaS wrote:As with everyone else...get the Home Office file, then apply by post with an explanation.

Victoria
Thanks Victoria for you reply.

I am planning to do that but was wondering will that answer my question of when does the HO thinks my ILR Clock starts or I have to keep my best guess.

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

Post by hsmpwpilr » Fri Sep 28, 2007 3:16 pm

gainvidya,

Did you get any resply back from ILR/HO ? I'm in same boat.

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

Post by gainvidya » Sat Sep 29, 2007 5:38 pm

I am above to submit the request by next week. Expecting would get something back after a month.

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

Re: Gap between FLR not in WP, Implication on ILR

Post by gainvidya » Sun Oct 21, 2007 9:35 pm

gainvidya wrote:Hello friends,

I have similar issue as this, Its just that I am unable to understand if "shaktidaniel" have a gap between WP or FLR.
http://www.immigrationboards.com/viewtopic.php?t=18756

I have a bit tricky case wherein in my first 10 months I had GAP between FLR but not between WP. Basically I am on WP from Nov 2003 - Till Date and following are the breakup period of my WP.

Nov'2003 to Apr'2004 for 6 month. Between this WP period I applied for HSMP in Feb'2004 and if people remember passport was supposed to be posted as part of the aplication in those days. I got my HSMP rejected in Jul'2004 (i.e. 3 month after my FLR expired). Immd my Employer filed for a 12 month WP extension which I received after 2 month i.e. in Aug'2004 and following that we filed for FLR which I got it in Sep'2004. After that its all smooth

In summary although I got a 12 month WP extension after 5 months of my first FLR expiry date, the FLR for that WP extention was given only for 7 month as if it was covering the uncovered FLR period of 5 month. My query was would this be considered as a GAP in the sight of HO for the case of ILR though there is GAP in FLR but not in WP. To Add I was always employed for the same employer and have all the payslip/p60 for that period.

I would highly appreciate answers from senior guys including John and Victoria

Many Thanks,
Vidya

For those who would be interested, I submitted a Subject Access Request 3 weeks ago to know what does HO thinks about my ILR clock date. The SAR contained copy of all the applcation form submitted about me plus some important documents as follows

1)Email correspondence of all my application including WP visit 7 years ago.
2)Minutes/Case Notes on each application.
3)Print out of all my previous WP details stored in a Visual Basic like screens called CID (Case Information Data).

As I said earlier I entered UK in Nov' 2003. During my FLR period I had applied for HSMP which was rejected, followed by WP extension application which was approved after my first FLR expired. There were lots of printout for CID application. The CID application listed all the WP details starting from the 2nd WP but no mention of the 1st WP (Nov' 2003) which was worring for me. The only encouraging side was the 'NOTES' section of CID application which did mentioned my actual start date saying : "Applicant entered UK EC Work Permit Holder Nov 2003 ...." + some more detail.

The Minutes/Case notes for my HSMP refusal said "In time mandatory refusal". Also all my following WP application after the HSMP refusal did had the note indicating my HSMP was refusal. Unfortunately I could not conclude what does HO think about my ILR clock starting date.

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