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Gap in FLR

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sameergarg
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Gap in FLR

Post by sameergarg » Sat Oct 13, 2007 6:04 pm

Hi,
I am due for my PR in November 2007. I came here on WP in Nov 2002. My first WP was valid till 23 Feb 2003. My employer applied extension for that in Jan 2003 and got WP approval before my leave expired. However my employer didn't applied for my FLR. I went India on holidays on 17 April 2003 and came back on 2nd May 2003. I was told that i can't go back to UK till i get my passport stamped. While i was in India my employer applied for FLR/visa from India and i got passport stamped on 24 May 2003.
This has made me feel that i have got gap in my stay and i have stayed here illegally from 24 Feb 2003 till 17 April 2003. Can anyone please advise if this can cause problem in my case. Should i wait till May 2008?
Also if i need to ask HO for my file/case then how can i do that.
All quick replies are much appreciated.

Regards,
Sameer Garg.
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SYH
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Post by SYH » Sat Oct 13, 2007 6:39 pm

First of all, you apply for FLR not your employer but as it sounds like he helped with the paperwork for flr, when did he tender your extension. Otherwise it sounds like you have a gap
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sameergarg
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Post by sameergarg » Sat Oct 13, 2007 7:03 pm

My employer tendered my FLR on 19 April 2003 from India. If it is considered gap then i should be alright as HO allows gap of 180 days in one year but if i am considered illegal during that duration then my ILR application could be refused. Please be more precise ...
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John
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Post by John » Sat Oct 13, 2007 7:21 pm

Should i wait till May 2008?
Yes, I think you should do that. If only because, as you readily admit, you were illegally in the UK from "24 Feb 2003 till 17 April 2003."

But your current WP, and current visa, what are the expiry dates on those?
John
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SYH
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Post by SYH » Sat Oct 13, 2007 7:30 pm

sameergarg wrote:My employer tendered my FLR on 19 April 2003 from India. If it is considered gap then i should be alright as HO allows gap of 180 days in one year but if i am considered illegal during that duration then my ILR application could be refused. Please be more precise ...
NO!, the 180 days you are referring are absences during continuous period of valid permits. A gap indicates a non continous period. Thus, unless you had no other gaps, then your 5 year continuous stay would be may 2008.

Be sure to learn the right meaning to different terms so people on the forum can help you properly
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sameergarg
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Post by sameergarg » Sat Oct 13, 2007 9:52 pm

Thanks for the reply. Two more things
1. Was this FLR rule there in Feb 2002. I have heard at that time it wasn't necessary to get passport stamped. You only need to get it stamped if you return back to your home country and then come back.
2. Also if i need to ask HO for my file/case then how can i do that.
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