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Qualifying period for indefinite leave to remain
Posted: Sun Jun 10, 2012 8:48 am
by Pablochenco
Further to my earlier post on the above subject, going through my work permit and my further leave to remain issued in 2007, i discovered that my work permit confirmation letter was issued/dated 04/07/2007 while my further leave to remain letter was issued/dated 31/07/2007.
On my visa page it was stamped to valid untill 31/07/2012. However since leaving my employer in 2010, i had since switch to Tier 1 General hence i am due to apply for ILR under the five years rule
My question/confusion is
1. Can i count my 28days from the date of the issuance of the work permit letter which is the 04/07/07 or the date from which my further leave to remain was granted, which is 31/07/07?
Any advise to this effect will be highly appreciated as i have already made a PEO appointment at the end of this month
Kind regards
Re: Qualifying period for indefinite leave to remain
Posted: Sun Jun 10, 2012 9:48 am
by cs95tdg
Pablochenco wrote:Further to my earlier post on the above subject, going through my work permit and my further leave to remain issued in 2007, i discovered that my work permit confirmation letter was issued/dated 04/07/2007 while my further leave to remain letter was issued/dated 31/07/2007.
On my visa page it was stamped to valid untill 31/07/2012. However since leaving my employer in 2010, i had since switch to Tier 1 General hence i am due to apply for ILR under the five years rule
My question/confusion is
1. Can i count my 28days from the date of the issuance of the work permit letter which is the 04/07/07 or the date from which my further leave to remain was granted, which is 31/07/07?
Any advise to this effect will be highly appreciated as i have already made a PEO appointment at the end of this month
Kind regards
The simple answer to the question about whether the Work Permit "date of Issue" can be used is NO (it has no bearing). It is either the "EC date" or the "Date of entry" that would be considered for residency.
But for a conclusive answer as to when you will be eligible the following information is required.
1) What was your date of Entry to the UK.
2) What date does your current Tier 1 General "leave to remain" expire?
Posted: Sun Jun 10, 2012 2:11 pm
by Pablochenco
Apology for not giving the full info.
I got my work permit in-country after graduating from the University here in England in 2007. and my current Tier 1 Gen visa expires in December 2013
Though they delay in approving my Tier 1 Gen application which i put-in in March 2010 after leaving the company untill December 2010
Posted: Sun Jun 10, 2012 3:16 pm
by cs95tdg
As your time in the UK as a student will not count towards your ILR residency as an economic migrant, and because your leave to remain in the UK as a Work Permit Holder began on 31/07/07 this is the date you should use to determine when you are eligible for ILR.
Work Permit residency period: 31/07/2007 to ??/12/2010 (to Tier 1 Application Approval Date)
Did you submit an in-country application to Switch from WP to Tier 1 in ??/03/2010? I.e. therefore no break in UK residency.
Tier 1 General Visa which you are currently on: ??/12/2010 to ??/12/2013
If my summarised understanding of your residency is correct you will be eligible to apply for ILR 28 days before the 5th anniversary from 31/07/2007 (i.e. 31/07/2012 - 28days), so long as you have met all other requirements for ILR.
Posted: Sun Jun 10, 2012 6:27 pm
by geriatrix
It will be best if you continue in the
existing topic.