Work permit query

[manju_mech25]

Hello

Can anybody please clarify my query.
1) I came to UK in Dec 2006(entry clearence Nov2006) on work permit and stayed here till Oct 2008 then I went back to India for 88 days and worked for the same company but on an Indian payroll.
2)I came back again on a new workpermit in Jan 2009 from the same company and got it extended till Nov2011.I am currently on ICT Tier2 leave to remain
3) My overall stay outside the country is 177 days for the past 5 years

My query is that will I be eligible for ILR,since I have got a new workpermit in Jan 2009.Will that break my continuous period of stay in UK.

[geriatrix]

What was the expiry date of the visa issued in 2006?
When did you apply for new visa in 2009?

[manju_mech25]

Thanks for the response

Expiry date of visa issued in 2006 was 16/11/2007,got it extended till 22 Nov 2008.

Then as mentioned I went to India and applied for a New visa in Jan 09 and its valid from 18/01/2009

[geriatrix]

In effect, you had no leave to enter / remain between 22-Nov-08 and 18-Jan-09. The outcome of your application will depend on how a caseworker interprets the rules and applies discretion based on the evidences you provide to prove that continuous residence in the UK was not broken. So no one can tell you for sure.

See also SET(O) Success @ Solihull - with Visa Gap

[manju_mech25]

Hello Guys,

First of all many thanks for your guidance...Here is my experience hope it will be helpful for some of you guys.I booked an appointment in croydon office.Initially as usual they did the security check and later went to a counter where they checked some details and issued me a token.I paid the money in another counter and waited for my number to be called by the case worker and finally we were called,

1) The first thing which he asked was the passports /application, and Life in the UK pass certificate for myself and wife
2) Later he asked employers letter and asked whether I was with the same employer for the past 5 years for which I replied 'Yes' .Since my initial company was taken over by another company so to double check he did ask me again that whether it was the same company and asked me to provide salary slips with initial company's name on it but unfortunately I did not have them( I used them initially while processing visa for my wife in India).And again he asked me for the P60 given by my initial company but I politely replied to him that I currently don't have them..but I did provide all the other P60's(with my new company's name on it)..He had chat with another colleague and continued
3) My council tax along with my wife's name on it...(To prove that she was with me for at least 2 years)
4) Bank statements(3 Months)
5) Salary slips(3 Months)

Photo copies of these which are listed above.He double checked the SOC code with me which was provided by my employer and pretty much that's it he asked us to wait for 2 hours and told us that there will be some verifications has to be done and we were just praying.Later he called us after one and half hours and told me that everything is clear and the passport is sent for endorsement and within half an hour we got our ILR stamped in the passport (For myself,my wife and kid)

Case worker did not even ask about the gap(which I was worried abt), not even the workpermits

Regards
MM