Continuity of Stay due to expriy of Visa but applied early.

[kamal_ece]

Hi Gurus,

I think I'm in a tricky situation and looking forward for your valuable suggestions. Below is my current status of the Visa period and looking forward for PR.

Main Applicant:

My initial WP was from 13/07/2006 - 13/07/2007.
However, I came into this country on 04/10/2006.

Work permit extended 13th July 2007 to 13th July 2008.

Trip to india :4th Aug 2007 to 27th Aug 2007. - 23 days.

HSMP - 28th Jan 2008 - 28th Jan 2010

Trip to India : 16th Feb 2008 to 16th March 2008 - 29 days.

HSMP extension : 16th Feb 2010 to 16th Feb 2013 (Applied on 22nd January 2010)

Trip to india - 24th April 2010 to 9th May 2010 - 15 days
Trip to india - 7th July 2010 to 18th July 2010 - 11 days

Dependent - Wife

HSMP dependent Since 19th of April 2008 and renewed along with me from 16th Feb 2010.

Trip to India : 7th March 2010 to 18th July 2010 - (133 days).

PS: All the above Trips are related to personal engagements.

Question 0 : Does the continuity clock reset from date 16th Feb 2010 as I applied for my extension of HSMP visa just before the Expiry of HSMP Visa?

Question 1 : From which date are we eligible for PR?

Question 2 : Is there any restriction for the Dependent being out of country more than 180 days?

Question 3 : If I'm on official duty out of UK for more than 3 moths but pay roll is in UK will it impact my 5 years period of stay.

Regards,
KK

[geriatrix]

Question 0 : Does the continuity clock reset from date 16th Feb 2010 as I applied for my extension of HSMP visa just before the Expiry of HSMP Visa?

No. You submitted an in-time application on 22-Jan so not a problem.

Question 1 : From which date are we eligible for PR?

4-Oct-2011.

Question 2 : Is there any restriction for the Dependent being out of country more than 180 days?

No.

Question 3 : If I'm on official duty out of UK for more than 3 moths but pay roll is in UK will it impact my 5 years period of stay.

Should not, but no one can tell you for sure. Caseworker discretion.



regards

[kamal_ece]

Thank you for the reply Sush.

For the question 1 : I was under the same impression untill I came accross this post (http://www.immigrationboards.com/viewtopic.php?t=63002) where the ILR was rejected.

Correct me if I'm wrong in my understanding the post.

Regards,
KK

[geriatrix]

For the question 1 : I was under the same impression untill I came accross this post (http://www.immigrationboards.com/viewtopic.php?t=63002) where the ILR was rejected.

From the topic you refer to:

though i submitted my application in advance than 23-Aug-05, my then employer submitted it late on behalf of me and hence it went out of date.

If in doubt, SAR may help.

regards

[kamal_ece]

There is no doubt of it.

Payed less attention to the detail.

Thank you very much.

Regards,
KK