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Permanent Residency after 1.5 years

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sanjay_lalwani
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Joined: Thu Jun 13, 2002 2:01 am

Permanent Residency after 1.5 years

Post by sanjay_lalwani » Wed Jul 27, 2005 11:28 pm

Hi
I stayed in the UK for 2 years from 2000 to 2002 and then had to go back to india though had a valid work permit till 2005
Came back to UK after 1.5 years that is in 2004 on another workpermit which is valid till 2006. there is a gap but the workpermits overlap and so has no gap.
will I be able to apply for indefinite leave to remain in the UK visa?

I will appreciate your help

Thanks and Regards,
Sanjay

olisun
Diamond Member
Posts: 1079
Joined: Mon Oct 14, 2002 2:01 am

Post by olisun » Thu Jul 28, 2005 8:11 am

One of the criteria for eligiblity for ILR is continous 4yrs on a WP with no gaps in employment...

There are cases where a max of 3 months have been allowed based on the individuals circumstances but in your case there is a gap of 1.5 yrs so I think you are not eligible for ILR..

Please correct me if I am wrong

sanjay_lalwani
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Posts: 3
Joined: Thu Jun 13, 2002 2:01 am

Post by sanjay_lalwani » Fri Jul 29, 2005 12:05 am

Thankyou olisun,

the workpermits which was issued to me overlapped eachother.

I know few of them witha gap of 1 year have got ILR.

Regards,
Sanjay

jazbaati99
Member
Posts: 224
Joined: Wed Apr 03, 2002 2:01 am
Location: uk

Post by jazbaati99 » Fri Jul 29, 2005 7:47 am

Sanjay

I know some people that were successful in getting ILR with much larger gaps than yours. The difference being that they were seconded to overseas projects on behalf of their UK employer. There case was were tough but they were able to show through pay slips, P60's and a very strong supportive letter by their employer that during the absence they were still employed and payed during the overseas visit and that their employement is continous. I doubt that you are able to justify your absence from UK. If you can however justify your absences through employer letters and pay slips then there should be no problem in obtaining ILR. Your overlapping work permits are of no significance, as when you leave from a job your work permit seizes to exist at the same time.

Kayalami
Diamond Member
Posts: 1811
Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Fri Jul 29, 2005 10:06 am

sanjay,

As per above post your Work Permits and corresponding Work Permit visas are not consecutive as you deem them to be. Reason - both WP1 and WP1 visa ceased to be valid when you stopped working for the sponsor. Your ILR clock has re-set to zero from the start of WP2 and corresponding WP2 Visa.

sanjay_lalwani
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Posts: 3
Joined: Thu Jun 13, 2002 2:01 am

Post by sanjay_lalwani » Sat Jul 30, 2005 3:01 pm

Thank you all for your time to answer my queries.
let me see If I am able to make this time with WP2 :wink:

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