WP Holder - Gap in visa

senthil78 · Post by **senthil78** » Mon Feb 02, 2009 11:03 pm

Dear All,
I came to UK on 6 months WP visa in Nov 2003. The visa was expired in may 2004. My employer extended my work permit before my initial visa and work pemit were expired. But my employer applied my FLR in june 2004, which was after my visa was expired. Almost a month gap in my visa and no gap in my work permit. I got my FLR approved in Dec 2004 due to the delay in Home Office. Can i get through my ILR with gap in visa? Can you all please advice me what is the chance of getting ILR if apply?

Thanks

ajaymitra76 · Post by **ajaymitra76** » Fri Feb 06, 2009 8:59 am

Hello,

I am in a more or less similar situation except the fact that my passport got stamped a lot earlier. Did you try calling the home office ?

Regards

Ajay.

nksg · Post by **nksg** » Fri Feb 06, 2009 3:57 pm

I am in the same situation.. but its fine as long as your duration out of the country in not more than 90 days.. in my case its 95 days

so will have to wait 1 more year..

senthil78 · Post by **senthil78** » Fri Feb 06, 2009 7:35 pm

ajaymitra76 wrote:Hello,

I am in a more or less similar situation except the fact that my passport got stamped a lot earlier. Did you try calling the home office ?

Regards

Ajay.

Hi Ajay / nksg,
I didn't call HO. But i found in one the imigration forum that the ILR was refused for many people due to the gap in visa. But i am not sure whether my case is similar to them. I don't think that you will get a proper answer from HO.

ajaymitra76 · Post by **ajaymitra76** » Sat Feb 07, 2009 10:41 am

Well, this was an extension and that the home office took its time, so you cannot do much about it. May be the other people who had their ILR refused did not do the extension on time or it was a fresh application. Do not worry. Maybe try calling the HO and find out. I will do the same and let you know through this site. Please let me know through this site if you get to know anything from them.

senthil78 · Post by **senthil78** » Sat Feb 07, 2009 6:38 pm

ajaymitra76 wrote:Well, this was an extension and that the home office took its time, so you cannot do much about it. May be the other people who had their ILR refused did not do the extension on time or it was a fresh application. Do not worry. Maybe try calling the HO and find out. I will do the same and let you know through this site. Please let me know through this site if you get to know anything from them.

Thanks Ajay, I will try to find out answer from HO and will update in the forum. I have a query from your reply, "May be the other people who had their ILR refused did not do the extension on time or it was a fresh application". The extention which you have mentioned is about Work permit or FLR. If it is WP, i got my WP extended before expiry of my WP & visa. Then i have no problem. If it is FLR, my employer applied my FLR after expiry of my visa. I have gap in my visa due to this and if this the case, i will be in trouble. Please advice me

Thanks

senthil78 · Post by **senthil78** » Sat Feb 07, 2009 6:46 pm

ajaymitra76 wrote:Well, this was an extension and that the home office took its time, so you cannot do much about it. May be the other people who had their ILR refused did not do the extension on time or it was a fresh application. Do not worry. Maybe try calling the HO and find out. I will do the same and let you know through this site. Please let me know through this site if you get to know anything from them.

Thanks Ajay. I will try to find out from HO and will update in the forum. I have a query in your reply "May be the other people who had their ILR refused did not do the extension on time or it was a fresh application". You have mentioned about extension whether this is Work permit or FLR?. If it work permit, my employer got my work permit extended before expiry of my work permit and visa. Then i have no issue. If it is FLR, my employer applied my FLR after expiry of my visa. I have a gap in my visa due to this and if this the case, i will be in trouble. Please advice me

Thanks

ajaymitra76 · Post by **ajaymitra76** » Sun Feb 08, 2009 9:19 am

Its the same with me. I don't think you will be in trouble as the home office gave the visa to you knowing fully well that you have applied for flr after your visa expired. At that time FLR(IED) form was new and people like you and me applied for flr only after the the work permit was granted. If they take their time we can't do much about it. Just explain the situation to them properly and be frank and open with them.

mansawant · Post by **mansawant** » Sun Feb 08, 2009 12:49 pm

Hi senthil78,

Home Office normally sends letter to the employer with the extended work permit that the applicant should apply for FLR within 6 months or before the expiry of applicant's visa whichever is earlier. My wife's employer applied for change in employment as she was already work permit holder for the same job, they received letter saying that she needs to apply for FLR within 6 months or before the expiry of applicant's visa whichever is earlier in March 2006 but she applied for FLR in July 2006 as her current visa was valid until June 2010. She applied for FLR within 6 months from the date of successful work permit (In this case change of employment) and before her current visa expiry. In your case you said that your employer applied for your FLR on your behalf within 6 months but after your visa expiry. So I think gap in the visa will be a problem when you apply for ILR but not sure.

Regards,
Mansawant

senthil78 · Post by **senthil78** » Sun Feb 08, 2009 3:21 pm

mansawant wrote:Hi senthil78,

Home Office normally sends letter to the employer with the extended work permit that the applicant should apply for FLR within 6 months or before the expiry of applicant's visa whichever is earlier. My wife's employer applied for change in employment as she was already work permit holder for the same job, they received letter saying that she needs to apply for FLR within 6 months or before the expiry of applicant's visa whichever is earlier in March 2006 but she applied for FLR in July 2006 as her current visa was valid until June 2010. She applied for FLR within 6 months from the date of successful work permit (In this case change of employment) and before her current visa expiry. In your case you said that your employer applied for your FLR on your behalf within 6 months but after your visa expiry. So I think gap in the visa will be a problem when you apply for ILR but not sure.

Regards,
Mansawant

Hi mansawant,
Thanks for your reply. I have checked my work permt extension letter and it says "We advise the individual associated with this application to apply for further leave to remain as soon as possible, and in all cases within six months from the date of this letter". No where it is mentioned that i need to apply before my current visa is expired. I received another letter with my passport (When my visa got approved in dec 2004) that "Permission is given for the continuing employment". I am bit confused. Have you checked in your letter whether it says that you should apply before visa expiry?.

Thanks
Senthil

paulp · Post by **paulp** » Mon Feb 09, 2009 6:49 am

Some of the letters at the time stressed that one needed leave to remain (LR) to be legally in the country, otherwise it's a period of overstay. In your case, you can try to argue that this wasn't communicated properly to you.

ajaymitra76 · Post by **ajaymitra76** » Mon Feb 09, 2009 9:10 am

senthil... my letter stated the same as yours. so we went by the rules of the letter from the home office. i think that should not be a problem then. what do you say ?

senthil78 · Post by **senthil78** » Mon Feb 09, 2009 5:00 pm

ajaymitra76 wrote:senthil... my letter stated the same as yours. so we went by the rules of the letter from the home office. i think that should not be a problem then. what do you say ?

Hi Ajay,
I think that we can use this point and also we can provide an explaination letter for the late submission of FLR application is due to employer fault. I found in another forum, one of the member's friend got his ILR and the case is similar to us. He submitted a explaination letter from employer for the late submission and the salary slips during that gap period to prove that he had been employed. I am trying to find out more information from him.

ajaymitra76 · Post by **ajaymitra76** » Mon Feb 09, 2009 7:15 pm

It is not a fault really. The home office in the work permit letter stated that you could get it stamped within 6 months at the earliest which you did. So that is all that you will have to tell them. Moreover, if it was a mistake would the home office have stamped it ?

senthil78 · Post by **senthil78** » Tue Feb 10, 2009 5:06 pm

ajaymitra76 wrote:It is not a fault really. The home office in the work permit letter stated that you could get it stamped within 6 months at the earliest which you did. So that is all that you will have to tell them. Moreover, if it was a mistake would the home office have stamped it ?

I too thought the same if we don't have valid visa, the home office would have not extended our visa. But, I found many people got their visa extension after their visa is expired. That will break the continuity of residence. Home office doesn't bother about your current status and if you apply FLR with proper documents, HO will issue FLR even if your visa is not valid at that time. We need to find out more. I am trying to find out more info and will update you.

ajaymitra76 · Post by **ajaymitra76** » Tue Feb 10, 2009 7:10 pm

But we had the work permit letter which stated that you could send the FLR application within 6 months. Isn't that good enough ?

paulp · Post by **paulp** » Wed Feb 11, 2009 4:32 pm

The reason why they put the 6 months in the letters, is that if you do not apply for FLR within 6 months, the WP becomes invalid.

ajaymitra76 · Post by **ajaymitra76** » Fri Feb 13, 2009 12:03 pm

Any news Senthil ?

By the way, one could not work when one has not got leave to remain in uk. So the member's friend you mentioned about, who worked, was not right.

Regards

Ajay

senthil78 · Post by **senthil78** » Fri Feb 13, 2009 6:58 pm

ajaymitra76 wrote:Any news Senthil ?

By the way, one could not work when one has not got leave to remain in uk. So the member's friend you mentioned about, who worked, was not right.

Regards

Ajay

Hi Ajay,
I haven't yet got any info?. Probably his gap was ignored due to the fault was at his employer. I don't know, we need to find out. When are you planning to apply?

ajaymitra76 · Post by **ajaymitra76** » Fri Feb 13, 2009 7:12 pm

I am planning to apply on 6th March (appointment obtained) but am a bit concerned about this gap. However if I apply in July I can show a continuous period of 5 years. Just thinking which is the best way to go really.. what are your plans ? Thanks in advance.

senthil78 · Post by **senthil78** » Sat Feb 14, 2009 12:57 pm

ajaymitra76 wrote:I am planning to apply on 6th March (appointment obtained) but am a bit concerned about this gap. However if I apply in July I can show a continuous period of 5 years. Just thinking which is the best way to go really.. what are your plans ? Thanks in advance.

I would suggest you apply in July. It is only 4 months for you to wait. I have to wait till december. That's why i am trying to find out the way.

ajaymitra76 · Post by **ajaymitra76** » Tue Feb 17, 2009 1:18 pm

http://www.immigrationboards.com/viewtopic.php?t=35537

senthil, please have a look.

if you find any info, please let me know.

ajaymitra76 · Post by **ajaymitra76** » Fri Feb 20, 2009 8:55 am

ajaymitra76 wrote:http://www.immigrationboards.com/viewtopic.php?t=35537

senthil, please have a look.

if you find any info, please let me know.

sorry senthil, but have you found any news ?

senthil78 · Post by **senthil78** » Fri Feb 20, 2009 7:43 pm

ajaymitra76 wrote:
ajaymitra76 wrote:http://www.immigrationboards.com/viewtopic.php?t=35537

senthil, please have a look.

if you find any info, please let me know.
sorry senthil, but have you found any news ?

Hi Ajay,
I am still waiting, the member didn't reply to my post. This is really making me sick. I couldn't find anyone's ILR refused and the case is similar to us. One of the member is applying in a week on the same day service and he will post the outcome. His case is exactly similar to us.
I will update once i get reply.

ajaymitra76 · Post by **ajaymitra76** » Wed Feb 25, 2009 5:52 pm

hi senthil,

any updates.. i know i am being a bit impatient.. but hope u understand.. have u called any solicitor ? could you please let me know... has the member given any update ?

many thanks

ajay

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WP Holder - Gap in visa

WP Holder - Gap in visa

Similar situation

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any news ?

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another thread.

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Re: another thread.