ILR application rejected - Workpermit extension date issue

[lhkrishna]

Recently i have applied for ILR and application has been rejected stating that i am not qualified for ILR because of my work permit extension date

to explain the situation in detail

1) First i have entered UK in Feb 2008 on work permit which has validity until July 2008
2) My company has applied for work permit extension well before my expiry, but home office has come back to employer with approval only on 31st August 2008
3) I have applied for visa as soon as we got approval from home office. As you know that we had to wait for the document before i apply for visa earlier. I have got visa stamped until july 2009, but the date of issue is in 3 oct 2008
4) I have changed it to TIER 1 General in NOV 2008

Now when i have gone to birmingham, they have told me that there are gaps in my duration.

When i spoke to my previous employer , they said that thats how it works. I am really confused and need your help on next steps.

Any help is appreciated.

Tx
K

[wpilr_nov12]

Recently i have applied for ILR and application has been rejected stating that i am not qualified for ILR because of my work permit extension date

to explain the situation in detail

1) First i have entered UK in Feb 2008 on work permit which has validity until July 2008
2) My company has applied DATE for work permit extension well before my expiry DATE, but home office has come back to employer with approval only on 31st August 2008
3) I have applied for visa DATE as soon as we got approval from home office. As you know that we had to wait for the document before i apply for visa earlier. I have got visa stamped until july 2009, but the date of issue is in 3 oct 2008
4) I have changed it to TIER 1 General in NOV 2008

Please fill those dates

[lhkrishna]

Thank you for the reply, below are the dates :

1) My Expiry was on 27th July 2008
2) My Company applied for workpermit extension on 10th July 2008
3) I have applied for visa on 4th September 2008

Any input ismuch appreciated.

[Kevin24]

They rejected the ILR application . Or did they refuse the ILR. What other documents you showed them? Need more details.

[lhkrishna]

They have rejected the application after looking at the passport, They dint ask for any details. It was in PEO. They have asked me to apply at a later date.

[Kevin24]

So you applied as a Tier 1 applicant. When is your current visa expiring?

[lhkrishna]

Yes, I have applied as a Tier 1 , this visa is expiring in august, because i have applied 3 months earlier last time thinking that i have work permit duration to cover for my ILR

[db83]

This might sound silly ! But did they make you pay and then rejected the application.
If yes, what does the letter say

[Kevin24]

Yes, I have applied as a Tier 1 , this visa is expiring in august, because i have applied 3 months earlier last time thinking that i have work permit duration to cover for my ILR

It could be that you have applied early.

[lhkrishna]

Yes, I have applied early. So is it that the only option i have is to go for extension again and then apply for ILR . I was just wondering whose mistake is it about the gap

1) As it is a work permit, i have submitted all documents to my employer in time.
2) Employer confirmed that they have applied for work permit extension well before the expiry.
3) Home office has processed the application after my leave to remain has expired.

Is it that my employer should have informed me about this, I have not noticed this till now, as the extension never had Valid from field, it just has date of issue and valid until.. Which is confusing ..

[Kevin24]

You are right. 3 is correct. Employer did not inform you. Also they did not send the documentation on time.

[cs95tdg]

1) My Expiry was on 27th July 2008
2) My Company applied for workpermit extension on 10th July 2008
3) I have applied for visa on 4th September 2008

a) What date was your WP extension mentioned under point 2) above issued? You should be able to see this by looking at your WP.
b) What date was your FLR mentioned under point 3) above granted?

Reading the following may help:

According to the following WP extension guidance, employers are requested to "apply at least one month but no more than three months before the applicants current leave to remain expires".

http://webarchive.nationalarchives.gov. ... de0408.pdf - Page 13.

125. If a work permit extension application has been submitted, the individual may continue working with you whilst this application is being considered provided they either:
• continue to have valid leave to remain; or
• have submitted a further leave to remain (FLR) application before their existing leave to remain expires.
126. Details of how and when an individual should submit an FLR application, for the purposes of extending their existing leave in line with a work permit extension, are provided under Section 5 of these guidance notes.
127. Where neither of the conditions detailed in paragraph 125 are met, an individual should not continue to work after their leave to remain has expired whilst we consider the work permit extension application.

You may also find the following topic informative: http://www.immigrationboards.com/viewto ... sc&start=0

When you say your application was rejected, do you mean the UKBA did not accept it? I.e. you didn't even get to the point of paying the application fee? Can you state the exact wording in the letter you received. I.e. explicit reason for rejection?

You should probably consider making a SAR to find out the specifics around when you may have broken continuous residence.

[lhkrishna]

Thank you very much for the information, It is quite clear now that i should nt be working while the work permit extension is under process.

What date was your WP extension mentioned under point 2) above issued? You should be able to see this by looking at your WP.

I can see the date as 31st August 2008

b) What date was your FLR mentioned under point 3) above granted?

It is 3rd October 2008

Apologies for confusion, they have not rejected, they have not accepted my application citing the reason that i dont have continous stay.


It looks like i will have to wait for another 6 months and go for ILR with my tier 1 general, However there is a small issue with it as i have applied 3 months earlier for last extension(when the rule was to give for 3 years from the day it is submitted) and it will expire by 23rd August and my tier 1 has started from november, even if i take 3rd october, i will not be able to meet the reqts.

Can you please help if this is the only way ahead?

[cs95tdg]

Based on what you have said, the earliest you would be eligible to apply for ILR would be 28 days before 3rd Oct 2013. You could consider one of the following 2 options.
1) Submit a Tier 1 General postal application towards the end of your current LTR expiry date and then vary it to SET(O) if it is not decided by the time you become eligible for ILR.
2) Submit a ILR postal application towards the end of your current LTR expiry date. Due to the length of time taken to process postal applications, you may become eligible for ILR by the time your application is considered by the UKBA.

[R-R]

For sake of debate, if the work permit / HSMP expires on say, 30th december and ILR application was made on 15th December - and it took UKBA 6 months to process the application and ILR gets applied in June following year, then from when is ILR stamped ?

If ILR is stamped in June, starting June - then is that not a break in stay ? and he would never be elegible to apply for citizenship..

Is this case not similar? - his employer applied on time - UKBA being UKBA just delayed processing and how can the applicant be blamed for that ? ..