When does my ILR clock start ? What are Gap considerations ?

Hi,

Please advise on this.

Around Aug 2006, I applied for HSMP and my employer filed for my work permit from India, around the same time.

On Sep 15th I received WP visa on passport and arrived in UK on Sep 19th, 2006 on that work permit at a client.

3 days later, back home, I received my HSMP approval on Sep 22nd. ( That makes me eligible for Nov 7th ILR JR )

While here on the WP, I spoke to an employer here and received an employment offer on Nov 17th and they asked me to join them from Jan 2007.

My project here came to an end on Nov 29th and I flew back home the same day.

Immediately after landing there, I filed for entry Clearance based on HSMP approval and the entry clearance got stamped on Dec 5th, 2006.

Now that I had both the entry clearance and an employment offer, I resigned from the Indian Employer, got a relieving letter from them on Dec 29th and flew to UK on Dec 31st and joined my UK employer on Jan 2nd, 2007.

In 2008, I extended on to Tier 1 and my extension now runs out on Dec 5th 2011.

Because, I have travel plans, I want to get this out of the way ASAP. Also, I do not want my passports blocked.

When Can I apply ?

Can I apply based on Sep 19th 1st entry date from the WP ?

If Yes, Can I still apply under ILR JR as I did enter Uk on the HSMP pre Nov 06 approval letter ?

If I can apply based on Sep 19th entry date, what all documents I need to have in support from my WP days ?

Or I should wait until Nov 7th ie 28 days before my visa runs out ?

I am utterly confused as I do not want to find out having paid £2700 that I am being rejected or my passport is being held back for further enquiries.


All help is appreciated.
SKT

On Sep 15th I received WP and arrived in UK on Sep 19th, 2006 on that work permit at a client.

You can apply under HSMP pre Nov 2006. Your ILR clock can start from sep 19, 2006. You will be able to count your time on WP until your HSMP visa became active.

If I can apply based on Sep 19th entry date, what all documents I need to have in support from my WP days ?

WP copy, income proof.

Thanks Gidoc,

Does it fall under a straight forward case ? If I apply at a PEO, should they be abe to grant me PR the same day, given all docs are in order.

Could the 1 month duration away from UK between Nov 30th 06 to Dec 31st 06 make the application subject to discretion requiring higher up approval ?

Also there is a business interruption clause that I saw somehere whereby the UK business should not have suffered for more than certain days ?

Because, I have to travel, I do not want my passport to get blocked in the name of further enquiries and hence all the fear.

regards
SKT

skt1977 wrote:Hi,

Please advise on this.

Around Aug 2006, I applied for HSMP and my employer filed for my work permit from India, around the same time.

On Sep 15th I received WP and arrived in UK on Sep 19th, 2006 on that work permit at a client.

3 days later, back home, I received my HSMP approval on Sep 22nd. ( That makes me eligible for Nov 7th ILR JR )

While here on the WP, I spoke to an employer here and received an employment offer on Nov 17th and they asked me to join them from Jan 2007.

My project here came to an end on Nov 29th and I flew back home the same day.

Immediately after landing there, I filed for entry Clearance based on HSMP approval and the entry clearance got stamped on Dec 5th, 2006.

Now that I had both the entry clearance and an employment offer, I resigned from the Indian Employer, got a relieving letter from them on Dec 29th and flew to UK on Dec 31st and joined my UK employer on Jan 2nd, 2007.

In 2008, I extended on to Tier 1 and my extension now runs out on Dec 5th 2011.

Because, I have travel plans, I want to get this out of the way ASAP. Also, I do not want my passports blocked.

When Can I apply ?

Can I apply based on Sep 19th 1st entry date from the WP ?

If Yes, Can I still apply under ILR JR as I did enter Uk on the HSMP pre Nov 06 approval letter ?

If I can apply based on Sep 19th entry date, what all documents I need to have in support from my WP days ?

Or I should wait until Nov 7th ie 28 days before my visa runs out ?

I am utterly confused as I do not want to find out having paid £2700 that I am being rejected or my passport is being held back for further enquiries.


All help is appreciated.
SKT

May I summarize your dates first
1 Entry Uk Sep 19 , 2006 on work Permit
2 HSMP approval 22nd sep 2006
3 Left UK 29th nov 2006
4 EC on 5th dec 2006
5 Re enter UK on 31st Dec 2006
6 Total days away from Uk 32
You are under JR
Keep work permit contract and payslips/bank statement precautionally, just in case it is demanded
Basically you should not exceed 180 days away ,including the period when you switched visa
3 last payslip/3 bank statements/5 P60/employer letter/cohabitation proof
your case is straight forward and in my opinion you will get visa in one day. apply 28 days before 19 sep 2011, I mean 22nd Aug
Work Permit papers/payslips/etc keep it unless asked for
Good luck

skt1977 wrote:I am planning to apply for ILR at Croydon PEO. Somewhere I read, for straightforward cases they can process the same day but nowhere has it been defined what is "StraightForward" ?

2 months 10 days on a Work Permit ( Entered on Sep 19th 2006 ) + 1 month gap in the home country India for Entry Clearance based on HSMP then reEntry in to the UK on Dec 31st 2006 based on HSMP Entry Clearance.

During the 1 month gap in India, I resigned from the Indian employer who I had the Work Permit with.

Is the above a straight forward case or not ? I feel it is and I am already eligible to apply for PR from Aug 22nd onwards. If Yes, What all documents I need to have to support my case ? Can I apply at PEO ?

All help is appreciated.

regards
SKT

skt1977 wrote:While in India, I was not being paid UK salary. While in India, I applied for entry clearance then resigned from the indian employer and arrived here on Dec 31st. Had left from here on Nov 30th so a 30 day gap, though I was employed by the Indian employer until Dec 26th 06.

Did I reset my ILR clock ?

regards
SKT