Serious Question (urgent): ILR Question

[GSOtodd]

I was issued a work permit in August 2005. The job did not work out and my last day was 23 Oct 2005 but was offered other employment which was to commence in Jan 8 2006 so I left the UK for almost two months and went back to start my new job. They applied for my new work permit (in house decision) and sent my work permit letter out. I started work. I was told I already had leave from my first time in the UK with my first job (entry clearance). Now, my new work permit was to expire in August 2006 because my job was only termporary at first. They renewed my work permit and I had to apply for further leave to remain (which apparently I was supposed to have done when I started my new job in Jan 06). I was issued with FLR after my employer explained the mix up and my visa was renewed and work permit extended to June 2009.

Now, this won't hurt me when I apply for ILR will it? I can prove that I've been here for five years. Would I need to get a solicitor for this when the times comes or am I just being paranoid?

[Siggi]

Todd, the way I see this is as follows:
You came to the UK in August 05 on Work Permit 1 but left in October 05 for two months, but returned to the UK in Jan 06 with Work Permit 2.
This means that your time stopped in October 05 and was reset in Jan 06, so as things stand at the moment you will be able to claim ILR 5 years on from Jan 06, so Jan 11.
Good luck.

[GSOtodd]

And, it seems as if the Home Office understood the situation when I applied for Further Leave to Remain.

[GSOtodd]

Aren't you allowed 90 days out of the country?

[Siggi]

Todd,

No you missing the point, that Work permit 1 was cancelled in Oct 05, then a new one was issued for Jan 06.New time frame is set at Jan 06.

Remeber once a WP is cancelled you have 30 days to leave the country and apply for a new one, unless you recieved WP 2, within 30days of WP1. in which case you could start counting from the August 05.

[imurlove]

I am sorry to piggy back on your post mate but my situation is so relevant I couldn’t resist.

I came to country in May 2004 on 2 year WP and was working on my first WP until Apr 2005. Than I left that company and applied for new employment in May 2nd week. I got my WP for another 3 years but neither I started working for that employer nor I made FLR application for that WP. I took another employment in Aug on WP 3 and my FLR was successful for 5 years. Now, the period from May to Aug where I was not working but had valid WP and leave. What that period would count as? I was granted new WP and FLR in Aug so can't see any reason why HO will consider this as overstay but you never know............

Many thanks!