ILR Continuation ??? Need Urgent help

[pverma]

Hi All,

I have an ILR appointment next week but suddenly I am feeling unsure about my continuous period of employment.

Entered UK on 20 July 2008 - Intra company WP.
Went away on 1 Nov 2009 = 15 months and had already found a new job with Company Sponsor WP .. Cos had been generated but no new visa yet.

Resigned from old job on 20 November 2009, from outside UK and applied for new WP visa using new employer's COS.
Got married in Nov 2009 (19th Nov)

Got new visa on 1st Dec 2009.
After 41 days of leaving UK .. came Back to UK on 11th Dec 2009 .. joined new Job on 14th Dec 2009

till today (20 July 2013) = 5 years

---
Questions

Not sure if these 41 days are considered as break
although I had a Valid UK visa and WP from my first employer(although resigned in Nov 2009 so that should invalidate WP but not sure about Visa, but my that time my new employer had generated a COS for me in Oct 2009)

It was a break between my first and second employment.And I was getting married (compassionate ground )

---- Please suggest .

[vivdubes]

Did you apply from outside UK? While your COS was generated .. if Yes then you clock got reset to the later date. So simple way to check this is you shouldnt have any Entry clearance visa after the intial entry visa...

[TheGreenTea]

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

bottom page 21
I think that the continuity was not broken as you have applied for the new job within 60 days of end of the previous employment
further page 25

Breaks in the continuous lawful period

Where an applicant has a break in employment and applies for further leave as Tier 2 migrant or work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, such a period may be disregarded for ILR

Also, regarding outside UK applications
Page 26

This page tells you about the continuation of lawful leave during absences from the UK.
The continuous period is maintained if:

- the applicant leaves the UK with valid leave and re -enters the UK whilst that leave remains valid, provided the absence(s) do not exceed 180 days in a relevant 12 month period.

- the applicant’s leave expires for 28 days or less whilst outside the UK and the applicant returns with fresh entry clearance.
If the applicant’s leave expires whilst they are outside the UK and they apply for fresh entry clearance more than 28 days after the expiry of their previous leave, then the continuous period is deemed broken and leave is not aggregated.

15 month gap is an issue. New rules:

Page 27

Absences of more than 180 days in each consecutive 12 month period preceding the date of application (in all categories) will mean the continuous period has been broken. However, consideration may still be given to granting indefinite leave to remain (ILR) outside the rules
if evidence is provided to show the excessive absence was due to serious or compelling compassionate reasons.
Evidence, in the form of a letter from the applicant setting out full details of the compelling reason for the absence and supporting documents must be provided.
Absences in excess of 180 days in any 12 month period for employment or economic activity reasons are not considered exceptional.

[TheGreenTea]

Ah, apologies misread your post. Ignore my comment about 15 month gap

[pverma]

Thanks TheGreenTea for your reply ... I had gone through the doc refered and felt that way .. there are a couple of clause around job/visa switch.
and moreover my new COS was generated before I left UK and resigned from my previous job.

So any suggestions around attaching a highlighted copy of the rules .. to make it easier for the case worker ... coz i have heard a lot depend on the case worker ??

vivdubes - How can I check Entry clearence ??? .. I do have two separate Visa Stamps on my PP.

[TheGreenTea]

Hm, check through all your UK stamps in the passport. You will notice that usually it is a square box with the airport name and a date on the stamp. And sometimes (rarely) the stamp is directly on the visa and is a more complicated one. Think this is the entry clearance.

[vivdubes]

Check you pasport pages, when you entered the country first time you might have got Entry clerance and anything after that in before April 2010 would have been Residence Permit vignette after 2010 they started giving Biometic cards..

So if you are applying based on intial entry the continuity (visa stamped )should always be as either Residence Permit or BRP. It shouldnt be another Entry clearance stamped in between the dates of orginal entry.

This is anotherway to find out whether you continuity was disrupted or not.