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When does WP LTR become 'active' in 5 year rule? (switching)

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kawasaki1
Member
Posts: 163
Joined: Thu Apr 08, 2004 1:18 pm

When does WP LTR become 'active' in 5 year rule? (switching)

Post by kawasaki1 » Sun Jan 14, 2007 2:36 pm

Situation is as follows:

- WP granted in-country May 04 (whilst finishing of studies)
- Passport sent to HO (in-country)
- WP Leave to Remain visa was put into the passport showing that it is valid from May 04 to May 09.
- actual employment with company only commenced end of July 04. They are a big company so they usually apply for visas for all of their graduate hires early on - hence the early WP approval date.
- beginning of July 04 I happened to go on holiday outside of the UK. Upon return, the WP LTR visa page of my passport was stamped with the date I returned (Jul 04) at the bottom of the page. Since then all subsequent stamps from travelling were on different pages, making it feel like this July stamp was some sort of 'validating' stamp.

So my question is: does my 'clock' for ILR start ticking from May or from July?

The thing is, had I not travelled out of the uk after the in-country visa switch then the first stamp would have been of a much later date, which makes me think that the Heathrow stamp on the visa page is kind of irrelevant but it is May 04 which is on the LTR which counts, i.e. I guess my previous leave as student got annulled when I switched to WP in May, even though employment only commenced end of July.

Thoughts?

:)

tvt
Senior Member
Posts: 526
Joined: Mon Jul 15, 2002 2:01 am
Location: London

Post by tvt » Sun Jan 14, 2007 3:45 pm

The starting date for counting the 5 year qualifying period for ILR purposes is the day when you received the WP LTR (May 2004). This is the date when your immigration status changed. The actual commencement date of your employment is irrelevant.

See para 135 to the Immigration Rules.

http://www.ind.homeoffice.gov.uk/lawand ... ules/part5
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kawasaki1
Member
Posts: 163
Joined: Thu Apr 08, 2004 1:18 pm

Post by kawasaki1 » Sun Jan 14, 2007 4:09 pm

Great, thanks for the speedy reply tvt :)

Mafia
Junior Member
Posts: 55
Joined: Sat Apr 29, 2006 7:21 pm
Location: In hiding mostly ...

Post by Mafia » Sun Jan 14, 2007 6:56 pm

tvt wrote:See para 135 to the Immigration Rules.
Sorry to be picky - I think this should be paragraph 134 rather than 135! I don't think you will even want to think about 135 ...

The Mafia ... :twisted:
Providing alternative opinions ... for better decisions.

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