Is settlement possible if there is 1 months gap in visas

[pravinsk2012]

Hi thr,
I came to UK first on 1st Sept 2007 on Work permit general (advert type multi-entry) visa, which had expiry on 23rd August 2009. My work assignment needed me extend my visa, and I am not sure why but my company told me my visa was not extendable from here (UK), so asked me to travel back to India for new visa application. Applied for new visa from India. Got Tier 2 (General) visa with starting dt. from 22nd Sept 2009 and expirty dt. 22nd Spet 2012 (3 Years). I came back with new visa on 3rd oct 2009 (so overall there was 43 days gap in my stay and 1 month gap between expiry date of first visa and start date of second). Now if you consider my stay from 1st Sept 2007, I will complete 5 years in UK on 31st August 2012. I believed that I will easily get ILR and booked premium appointment for 14th August in Birmingham PEO. Appeared there well in time, and was called for face-to-face application interview, but when the officer checked my passport she pointed out the 1 month gap between those two visas and said I am not eligible for settlement, and according to rules my entry in UK on second visa will be considered as first entry in UK. She said I will have to stay for another 2 years if want to apply for settlement. Was she right? If not, please advise me what I can do in this situation. Thanks

[rahuls]

Hi Pravin,

Did you get any answer to your query?

I am in a similar situation where I had to go to India to switch to Tier 2 General from Tier 2 ICT as the switch from inside UK was not allowed (it was allowed but not made clear by UKBA in the rules). it took mme 3 weeks to get back with the Tier 2 General visa.

My case was slightly difference in the sense that my TIER 2 visa was not expired.

Please let me know in case you have gathered some more information in this regard.

Thanks

[geriatrix]

Probably a bit late to respond, but still:

I came to UK first on 1st Sept 2007 on Work permit general (advert type multi-entry) visa,

You need to first check with the WP issued to you was a Multiple Entry Work Permit (199A-199C). Such permits were issued only for 2 years and could not be extended.

If it was, then the time spent in UK on a MEWP cannot be included in the 5 year period for settlement.

[DeeDos]

Hi Pravin,

Just checking if your ILR was successful. Did the 1 month gap in visa cause any issues.
I am currently in the same position and any information you offer will be very helpful. Looking forward to hearing from you.

Thanks
Doshi