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Hello all,

I will be grateful to anyone who can answer my below query. My husband is due to qulify for ILR in Feb but is in danger of being made redundant next month.

1. If we appeal to the home office about our situation and make his ILR application now, would it be considered?

As a bit of background he got his first work permit approval on Oct12 2005 but the visa was stamped in Mar 2006 , this is because of the delays in processing work permit applications at that point in time. If we consider the start of 5 years as OCt12 he has already finished 5 years, would this argument help at all when making the ILR application.

why he does not go the secured situation by applying for tire 1 visa , so he will no longer needs a wp, hope this will help

he doesn't qualify for one. Is there any other possible solution ?

lotus_jp26 wrote:he doesn't qualify for one. Is there any other possible solution ?

I think you can apply for ILR, 3 months in advance using postal application.

The link below states that it is only valid to make an application before 28 days ...


http://www.ukba.homeoffice.gov.uk/ukres ... ationtypes
/applicationformset(o)/


does anyone know who applied before 3 months and got their ILR?

You can only apply within 28 days before compelation of the 5 years period, i would think of talking to a solicator to ask ask for advice, good luck

When did your husband enter the UK for the first time?
The 5 years will counted from that date.

And from the details provided, your husband would have first entered the UK on or after March 2006 (because he could not have entered the UK without a valid visa).

Assuming that he entered in March 2006, He would be eligible for ILR in February 2011.

I may be wrong, but this is my understanding.

My husband was on a student visa and then migrated to a Work Permit once he got job. He actually entered the country as a student in Sep 2004.

OCA is correct, the earliest your husband can apply is March 2011. The years spent on a student wont at this stage count towards ILR