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Hello All

I've got about a month's visa gap in my last 5 years here in the UK. I am not sure if I am still eligible for ILR or not. Your suggestions will be helpful. My case described as below:

7th Jan 2006 - 1st Arrived in UK on WP1 (Expiry Dec 2006)
30 Apr 2006 - Went back to home country as project assignment got over
5 June 2006 - Came back to UK on WP2 (Expiry 20th May 2007). same employer but different client

Apr 2007 - Applied for HSMP within UK but didn't get the approval on time, so had to leave UK.
19th May 2007 - Left UK for home country as WP2 was about to expire
21st May 2007 - Got HSMP Approval

Applied for Entry Clearance and got new HSMP 2year visa

14th June 2007 - Got HSMP Visa stamped
21st June 2007 - Entered UK on new HSMP visa, working for new employer this time

Since then I am with the same employer, got HSMP extended to Tier 1 in June 2009

In total I have completed 5 years but the main issue I feel is a month's gap in May-June 2007 when I had no visa, I left UK and got Entry clearance for new HSMP visa.

Is there someway I can still be eligible for ILR? Applying with the help of a solicitor can help?


Thanks a ton

Thanks for the reply. Shall I apply with the help of some solicitor?

Could he pose my case in a different way? I am just trying to save myself from any future complications that may arise, if I apply in June 2012.

Thanks.

Saby26 wrote:Thanks for the reply. Shall I apply with the help of some solicitor?

Could he pose my case in a different way? I am just trying to save myself from any future complications that may arise, if I apply in June 2012.

Thanks.

i dont think anyone can help you. its a clear break in residency. you should have waited for hsmp decision.

Saby26 wrote:Thanks for the reply. Shall I apply with the help of some solicitor?

Could he pose my case in a different way? I am just trying to save myself from any future complications that may arise, if I apply in June 2012.

Thanks.

As xyz123 mentioned, no solicitor can help you if there is a clear gap between visas. I think you have no choice but to apply for ILR in June 2012.

xyz123 wrote: its a clear break in residency

why? Has it been mentioned anywhere gap in visa is a break in residency?

haniffa.s wrote:

xyz123 wrote: its a clear break in residency

why? Has it been mentioned anywhere gap in visa is a break in residency?

If one don't have a visa to be in the UK and not living here because of that, can he/she be classed as resident? OP was clearly not a resident for 20th May 2007 to 14th June 2007

[iD] wrote:

haniffa.s wrote:

xyz123 wrote: its a clear break in residency

why? Has it been mentioned anywhere gap in visa is a break in residency?

If one don't have a visa to be in the UK and not living here because of that, can he/she be classed as resident? OP was clearly not a resident for 20th May 2007 to 14th June 2007

I think that is individuals interpretation of continuous residency.

If OP would have stayed in uk during the gap then it would be an issue.
OP left with the valid visa and have come back with in 3 months.

This scenario has been clearly mentioned in 10 year long recideny ICD but unfortunately for 5 year category it is not mentioned anywhere.

I myself had a similar gap and got my ILR with no issues.

Thanks for your inputs. But this has confused me.

I called UKBA today and they think this gap has reset my clock. I am not sure if I shall apply now or wait for next year.

Suggestions pls?

Saby26 wrote:Thanks for your inputs. But this has confused me.

I called UKBA today and they think this gap has reset my clock. I am not sure if I shall apply now or wait for next year.

Suggestions pls?

When UKBA has told you that the clock has been reset then why apply now it will be rejected.

Wait for the next year!

I've had contradictory responses from UKBA in the past. Similar was the case during my initial grant. I would never fully trust their call center officials.