Applying ILR but WP had a break due to employer negligence

[rk24]

Hi,
I'm new this forum and needing some advice & guidance.
I am now due to apply for ILR. But my 5yrs continuous stay in the uk had a break due to employer's negligence. I need to know whether or not the above stated break be counted towards the absence period.

Here is my the situation...

1.Came to UK on a Tier 2 ICT on 12/04/2008.
2.My Tier 2(ICT) was due to renewal on 31/04/2009.
3.Due to employer's late payment on 25/05/2009 my current (above stated) visa & new CoS got expired and renewal application was rejected.
4.This was notified to me on 06/07/2009 by the employer
5.So I had to leave the UK and go back to India for re apply.
6.So I left the UK on 10/07/2009 and subsequently reapplied from India
7.Again the new visa got approved in Aug 2009 and I returned to UK on 29/09/2009.
8. During the absence period I was working in same project from India and was drawing salary in pounds in my UK bank account.
9.The above incident made a break of 79 days in my stay in UK. But during the above days of absence I was getting paid in pounds & the salary was credited in UK bank account and NI contribution and income tax was deducted from the salary.

Now if I apply for ILR with the above case, will my 5 year continuous stay be counted from my 1st entry to UK (i.e on 12/04/2008) or will it be counted from the 2nd entry that is from 29/09/2009

I am referring to this document

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

In page 19 of the above document, it is stated that if the absence is connected to employment or compassionate grounds then that absence will not be taken into account and it will be considered as though I am in the country.

I need to know if my case will be successful or not if I apply now.

Please can you help me .

Thanks ,

Rajesh

[TheGreenTea]

This is under discretion of the officer. You will be most certainly be rejected at the PEO, so I would advice applying via postal route.
Technically, you need to wait another year to fit the rules (i.e. 5 years from 29/09/2009 )
However, you can use the evidence (letters from employer acknowledging their mistake, letters form UKBA stating the reason for rejection e.g. COs expired, funds not drawn) and try your luck. If you get a nice case worker they might grant you ILR.


Reading this phrase:

if the absence is connected to employment or compassionate grounds

Compassionate grounds - deaths in the family, illness and other equally disastrous events don't apply to you

Absences connected to employment mean (most likely) business travel. I would be surprised if UKBA will consider an admin error an eligible excuse. But you never know, they might.

[loveworld]

Clearly what you mention in here, you definitely require professional advise.


Please ask some OISC immigration Advisor, I know one very good one who is excellent solving this type of query.

If you need please send message here that you need help will provide if needed.

Thanks