ILR - query on Gap and FLR

[Raj28]

Hi,

I am a new member and would appreciate some inputs from the other members of this Forum.

Background
I came to the UK on May 23, 2004 on a Work Permit valid till March 2005. This was extended in March 2005 for a year (i.e. till April 2006) and FLR stamped till April 2006 (no gaps in WP or FLR). I was offered another job with a new employer and the WP was approved in August 2005 and a new FLR stamped on 20 Sep 2005 valid till Sep 2010. My last day in the previous job was Sep 23, 2005 and I began my new job on Oct. 14, 2005

I qualified for ILR in May 2009 and will be applying for it in a couple of days via a consultant. The consultant has raised minor concerns which I believe are invalid but I would seek the members’ opinion.

Concerns raised were
- the FLR from the new employer is dated Sep 20, 2005 but my leaving date from the previous employer is Sep 23, 2005
- the gap between leaving the old job and joining the new one i.e Sep 23, 2006 till Oct 14, 2005 (a total of 20 days)

However, with my knowledge of the rules, I consider both these concerns as invalid
- the WP approval letter from Aug 2005 states that I can either apply for FLR anytime before the expiry of the current FLR or within six months of the letter, whichever is earlier. I did so in a month’s time as I wanted all formalities to be complete before commencing new employment. The overlap of the new FLR and date of leaving previous employment should not be a concern as at no point in time did I hold 2 jobs consecutively.
- The reason I have a gap of 20 days is because I wanted to take a short holiday before commencing my new job. I was holding a valid WP (issued in Aug 2005) and FLR (stamped on Sep 20, 2005) for a period of 5 years. So under no circumstances I was without a job – I had just pushed forward the joining date. Even if this is considered a break, I would argue that it is within the 28 day limit.

So, members, I would seek your opinion on whether there would be any issue with the ILR on the above points. FYI…all my documentation is complete. Appreciate your thoughts. Thanks