Immigrationboards.com

Hi guys

I have a very special case. I am in the UK f0r 8 years and first three was on Student visa (clearance to enter in 2005).

In Sept 2008 I started to work for a company a week before their bankruptcy. This infamous company obtained for me "Application for an immigration employment document" and approval was granted for the application "against the work permit criteria for 60 months". However, the have not obtained "Leave to remain" as they went bankrupt. I should stress that I have been formally employed by them for another two months (until end of Oct 2008, paid taxes) and received redundancy.

A month after official termination of employment I went to work for another company (Dec 2008) and they got LEave to remain, i.e. Tier 2 for me. After that I got Tier 1 in April 2011.

So my question is am I now qualified already for ILR? Because if the approved "Application for an immigration employment document" is sufficient as a work permit (I suppose) then I can apply right now. If, however, not then I should be waiting til December.
In the later case, I am confused why it was ok for me to work for two months given that I had not formally had tier 2.

I would really appreciate your help.

You need to look at the stamps/vignettes in your passport for the relevant date of your qualifying residence period.

Lucapooka wrote:You need to look at the stamps/vignettes in your passport for the relevant date of your qualifying residence period.

Thank you Lucapooka. That's where the problem is. The employer I worked for Sept-oct 2008 had only approved "application for immigration employment", they haven't completed Tier2 for me so I don't have any stamp for this in the passport. Only next employer in dec 2008 got tier 2.

So per passport stickers I have tier 2 Leave to remain from December 2008. I had leave to remain 2006-dec 2008 based on student status. (And clearance to enter as student in 2005).

Do you think I should risk and go for Peo for settlement now or wait til December?

Wait until November and apply by post. I don't expect you will get a same day decision at the PEO if there is question over some matter.