ILR refused since having a 1 yr gap but with valid wp

[gabrieaa]

Hello Board,
I came in Nov 2001 on a year workpermit.
My project got extended and i subsequently got my workpermit renewed and it is still valid till May 2007. Inbetween i had to go to offshore in July 2005 as the client wanted me to deliver from offshore and it got extended there and then i came back in July 2006 after a gap of 1year. I applied my ILR in Mar 2007 with all valid documentation including 4 P60's and 1 P45, along with company's reference letter stating why i had to be there.
Home office has rejected my application with the reason that my workpermit is not valid as i was working abroad even though i have paid my taxes for that year(3 months).
Can Home office reconsider my application ??
What do i need to do.. Please suggest.
Thanks for the help in advance.

Thanks & Regards,
gabrieaa

[zircon]

Oh dear! gabrieaa, I am also offshore for 7 months. I am really sad to hear about that. What did they say about it? and according to the home office, when do you eligible to apply for ILR? Have you had asked for their opinion?

[gabrieaa]

well, Home office is saying i have to again g thru the cycle which means i have to wait for 4yrs.
Think for 7 months its ok if you produce company's reference letter.

Any suggestion for me, for what i can do now??

[jazbaati99]

gabrieaa

Did you apply in person or by post. More over during your over seas assignment did you continue to pay taxes or were on NT status for some time. Your case is really strange as myself and many of my collegues successfully got ILR with overseas assignments (quite long absences from UK). None of us had any problems applying for ILR. All of us applied personally from croydon.

[zircon]

hi gabrieaa, my personal opinion is goahead and apply it through post. Show all the available evidence. I wish you will get it soon.

[gabrieaa]

Hi,
I did apply in person, but unfortunately on that day power went off and their system got down, so they took my application.
From home office they called me up and said my application has been refused as I was working abroad and my workpermit is valid only when i am here (strange ??) . I explained to them that i my client had required me to implement and handover there which got delayed for other reasons and i had to stay back for 1 yr.

I have submitted my company reference letter mentioning that and I even included my tax-returns for that year.

Think they had already made up their mind and won't hear my explaination.
Now, Please let me know what i can do ??
Regards

[jazbaati99]

I can suggest is to apply again in person. Go to croydon and take a strong company letter with you. Make sure that the company says that you were overseas on company business on behalf of your company and also get them to write that during your overseas assignment there was no change in your employment conditions and your salary continued to be paid in UK. Also show them your payslips that you got during the overseas period. Take as much information with you. Did you maintain accomodation whilst overseas, if so take all the records with you (council tax bills, gas, electricity etc). In my case the senior case worked wanted to have a look at my pay slips during the absence period. wish you best of luck.