ss1976 wrote:Thanks a ton pbp2008 for posting your case. My case is almost identical to yours. It is just that I consciously went to India because I got promoted. In 2009 the tier 2 ict rules was such that if there is a change in job description in-country extension was not possible. I went to India and got re-stamped. I travelled after 65 days of exit but my new visa stamping in India was done in 56 days. Also the delay was largely due to the sponsorship management system as it blocked my employer as it showed my early visa to be valid. I am due for ILR in May 2013. Your case has given me hope though my absence was for just over 60 days. I was not paid in UK but I continued to work for the same UK client from India.
I need to appreciate if this forum as until today I was thinking that my case is unique.
Hi ss1976,
See below answers for your pm
a)I have applied my own
b)I had 4 years tax returns as I submitted my PR application in first week of 2013. I was not having 5th years(expected to arrive in April 2013).But case worked asked for only those 4 years p60's considering 5th years still not arrived and 3 salary slips(I had all 5 years salary slips).
c)Clearly I mentioned about my 45 days break in my application and I informed case worker about break and I was ready to submit p45 for that break as proof.This point allowed me to take use of clause
Where an applicant’s continuous residence period includes time spent as a Tier 2 Migrant or a work permit holder annual leave includes a short holiday taken on conclusion of employment, where the applicant applied to work for a new employer within 60 days of the conclusion of the previous employment (see link on left: Breaks in the continuous lawful period). of calculating continuous stay guidelines.
In above message you are saying you are away from India for 65 days,But above clause says it should be within 60 days. check if your previous visa was valid during your break and please check with immigration expert about more than 60 days issue(65 days)
Hope you will find some solution for this issue.
Best of Luck
