Immigrationboards.com

First the history...
Work permit issued on 13/03/2006 to 13/03/2007
Arrived in UK on 19/03/2007
First Work permit extension issued on 23/04/2007 to 13/03/2008
Second Work permit extension issued on 23/04/2008 to 13/03/2009 but since extension application was made for 5 yr Work permit so later this was extended to 13/03/2013 with another Visa Stamp.

In June 2009, was asked to move back to India due to my project getting over and left the country on 30/06/2009.

I continued working with the same company in India but was not receiving a salary or paying taxes/NI contributions in UK (for a 3 month period). As far as I am aware my Work permit visa was not cancelled by the employer.

Meanwhile I was offered another job from a different employer and signed the contract for employment with the new company in July 2009. It took a while to arrange for Certificate of sponsorship and so I got my Tier 2(general) Visa stamped on 01/10/2009 and arrived in UK on 09/10/2009.

Total Paid leave with 1st employer was total 79 days over 3 years.
Leave outside UK for new visa process was 100 days. (01/07/09 to 08/10/09). THIS GAP IS MY MAIN WORRY/CONCERN

Now the questions...
1. Should I apply for Indefinite Leave to remain in Feb 2011 as per above 5 year stay in UK history?
2. If I do apply for ILR should I submit any documents other than the regular checklist?
3. Would it help if I submitted a copy of my offer letter to show that I was offered the job in July but had to wait till August to get the Certificate of sponsorship?
4. Would it help if I attached a letter from previous employer stating that I had been asked to move to India on official business?
5. As I already have been outside of UK for a total of 179 days as stated above, will it be ok if I take another month’s paid leave to be outside UK due to some unavoidable reasons?

Thanks in advance for your help and suggestions.

Rockford wrote: As far as I am aware my Work permit visa was not cancelled by the employer.

But you not being aware of it doesn't necessarily mean that it wasn't! Fnd that out .... because this could mean that you were without leave to enter / remain the UK for almost 100 days.

Read SAR file.

regards

Thanks for your response. I have already requested for a SAR to the Home Office to get the required information.

Hi

sushdmehta wrote:

Rockford wrote: As far as I am aware my Work permit visa was not cancelled by the employer.

But you not being aware of it doesn't necessarily mean that it wasn't! Fnd that out .... because this could mean that you were without leave to enter / remain the UK for almost 100 days.

Read SAR file.

regards

I belive your stay outside UK would not be consider continuation of leave.Also you have no documents to prove that you were working outside UK or you were on paid leave ect.

So would be difficult for you to apply for ILR at this time.

I belive No.

But better double check with some good solicitor.

To me your new visa clock has been set when you entered again UK.

UK_Banned_Member

Just to clarify I was working with the 1st employer till Sept 09. It was only when I received the Certificate of sponsorship number did I quit that job. Therefore I do have letters and payslips to prove that I was working with them in India from July 09 till Sept 09. I joined the new employer in Oct 09

Rockford wrote:Just to clarify I was working with the 1st employer till Sept 09. It was only when I received the Certificate of sponsorship number did I quit that job. Therefore I do have letters and payslips to prove that I was working with them in India from July 09 till Sept 09. I joined the new employer in Oct 09

Then this is different case and to me your old clock is still running.

Yes you can apply for ILR.

But go with good legal representation.

UK_Banned_Member

Thanks for the input UK_Banned_Member..

Am just waiting for the SAR letter after which plans are to contact an immigration lawyer and work with him/her. I will keep updating here on the forum to share my experience.

Regarding Q5 in my list
As I already have been outside of UK for a total of 179 days as stated above, will it be ok if I take another month’s paid leave to be outside UK due to some unavoidable reasons?

Can someone please shed some light on this?

Rockford wrote:Thanks for the input UK_Banned_Member..

Regarding Q5 in my list
As I already have been outside of UK for a total of 179 days as stated above, will it be ok if I take another month’s paid leave to be outside UK due to some unavoidable reasons?

Can someone please shed some light on this?

I belive 180 days are allowed in 5 years period.Work done oversea is not considered absence.But you need to prove that you were on job oversea.

UK_Banned_Member

immigrationuk2009 wrote:

Rockford wrote:Thanks for the input UK_Banned_Member..

Regarding Q5 in my list
As I already have been outside of UK for a total of 179 days as stated above, will it be ok if I take another month’s paid leave to be outside UK due to some unavoidable reasons?

Can someone please shed some light on this?

I belive 180 days are allowed in 5 years period.Work done oversea is not considered absence.But you need to prove that you were on job oversea.

UK_Banned_Member

Dear ImmigrationUK2009, My situation is also almost similar to yours where I have spent some months India during my 5 year period. What happened with your case and how was it presented.
Any iputs highly appreciated.