Obtaining ILR status with discontinuous five years stay

[ajay_mital_1]

Hi,

Its regarding getting some advice on Indefinite Leave to Remain (ILR) issue.

I have just joined a new job after waiting 6 months for the work permit and FLR, after 3 or so years I will have cummulative stay period in the UK of 5 years but obviously that will not be continuous i.e. with a gap of 5 months. I am wondering if I will still be eligible to gain ILR status.

If I explain the situation, I was a work permit holder and I end the job prematurely (though my new employer applied for the new work permit before my last day in the previous employment). Home office were not satisfied with the -switching the work permit under the same catagory - case under which my new work permit was applied. Home office confirmed with my office and if my job duties were still the same and having received an affirmative reply from my employer they started processing the application again. But during this thing, 28 days elapsed and they simply rejected the application on the grounds that application was outside 28 days. My employer went to apply again with fresh advertisement etc. (that took me 6 months in total) before I got into the job.

If you think it is something you could help me with then please let me know. Also tell me if it is going to work well, I could prepare the case now to submit it afterwards- as you suggest. I do not want to start the whole thing again so it is taking me another five years to get ILR.

Thanks

Ajay

[paulp]

Did you have leave to remain during this six months period?

[ajay_mital_1]

Did you have leave to remain during this six months period?

i left the job on 19th november - my residence permit was curtailed until 18th january - since 18 january my passport was with home office as they were reviewing the work permit decision. review did not go fine and we applied for a re-review and in the mean while we advertised the vacancy and 10th of march we withdrew our old work permit application and submitted a new one. I left the country and received work permit in my country and then applied for FLR visa from there. I returned back on 30th april and working since then!

[olisun]

i left the job on 19th november - my residence permit was curtailed until 18th january

I left the country and received work permit in my country and then applied for FLR visa from there. I returned back on 30th april and working since then!

Since the previous FLR expired and you left the country, I believe your ILR clock has been reset

[ajay_mital_1]

i left the job on 19th november - my residence permit was curtailed until 18th january

I left the country and received work permit in my country and then applied for FLR visa from there. I returned back on 30th april and working since then!

Since the previous FLR expired and you left the country, I believe your ILR clock has been reset

#

i have heard that home office does provide discresion on such cases!!!

[paulp]

i left the job on 19th november - my residence permit was curtailed until 18th january

I left the country and received work permit in my country and then applied for FLR visa from there. I returned back on 30th april and working since then!

Since the previous FLR expired and you left the country, I believe your ILR clock has been reset

#

i have heard that home office does provide discresion on such cases!!!

The caseworker can exercise his/her discretion in this case but whether he/she does is up to your luck.