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My friend entered UK 38 days after his work permit was stamped,

Visa Stamp Date: 18 December 2005
UK entry : 26 January 2006
Visa expires: 18 December 2010

He is planning to apply for ILR in December 2010 but his stay in the UK till 18th December (visa expiry date) will be 4 years 10 months and 22 days which is less than 4 years and 11 month, can he apply for ILR?

He has spoken to few people and has been told that 4 years 11 month is the minimum requirement and even if you are few days short your application will be declined. Is this true?

If he is not eligible for ILR because of above mentioned time issue can he apply for a WP (Tier 2) extension?

aummar wrote:My friend entered UK 38 days after his work permit was stamped,

Visa Stamp Date: 18 December 2005
UK entry : 26 January 2006
Visa expires: 18 December 2010

He is planning to apply for ILR in December 2010 but his stay in the UK till 18th December (visa expiry date) will be 4 years 10 months and 22 days which is less than 4 years and 11 month, can he apply for ILR?

He has spoken to few people and has been told that 4 years 11 month is the minimum requirement and even if you are few days short your application will be declined. Is this true?

If he is not eligible for ILR because of above mentioned time issue can he apply for a WP (Tier 2) extension?

He will need to extend his stay first and then apply for ILR.

I was 7 days short, extended stay under Tier 2 Transitional Arrangement in August and got ILR last week.

5.2 Applications that fall short of the five year continuous period wrote:In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

The excerpt is from Tier 2 & Tier 5 settlement IDI guidance, but please note that Tier 2 or Tier 5 leave is not (and perhaps never was) granted for continuous 5 years. IMHO, the reference may also include WP migrants who were granted 5 years continuous leave but delayed their entry to UK by up to 3 months.

aummar, your friend should be able to apply for settlement without the need to apply for an extension under Tier 2 provided he/she was issued 5 years continuous leave on 18-Dec-2005.

regards

sushdmehta wrote:

5.2 Applications that fall short of the five year continuous period wrote:In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

The excerpt is from Tier 2 & Tier 5 settlement IDI guidance, but please note that Tier 2 or Tier 5 leave is not (and perhaps never was) granted for continuous 5 years. IMHO, the reference may also include WP migrants who were granted 5 years continuous leave but delayed their entry to UK by up to 3 months.

aummar, your friend should be able to apply for settlement without the need to apply for an extension under Tier 2 provided he/she was issued 5 years continuous leave on 18-Dec-2005.

regards

Thanks sushdmehta

sushdmehta wrote:

5.2 Applications that fall short of the five year continuous period wrote:In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

The excerpt is from Tier 2 & Tier 5 settlement IDI guidance, but please note that Tier 2 or Tier 5 leave is not (and perhaps never was) granted for continuous 5 years. IMHO, the text refers to WP migrants who were granted 5 years continuous leave but delayed their entry to UK by up to 3 months.

aummar, your friend should be able to apply for settlement without the need to apply for an extension under Tier 2 provided he/she was issued 5 years continuous leave on 18-Dec-2005.

regards

sushdmehta,
I was actually issued 5 years continuous leave as WP holder and after two years I changed to tier 2 applicant and now granted 3 years leave. Whether above rule still applies?

Maybe. Check with UKBA.

regards

sushdmehta wrote:

5.2 Applications that fall short of the five year continuous period wrote:In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

The excerpt is from Tier 2 & Tier 5 settlement IDI guidance, but please note that Tier 2 or Tier 5 leave is not (and perhaps never was) granted for continuous 5 years. IMHO, the reference may also include WP migrants who were granted 5 years continuous leave but delayed their entry to UK by up to 3 months.

aummar, your friend should be able to apply for settlement without the need to apply for an extension under Tier 2 provided he/she was issued 5 years continuous leave on 18-Dec-2005.

regards

Hi sushdmehta (moderator)
thanks for the information.
i had my WP visa stamped 28April 2006 -expires 28Apr2011. i arrived to UK on 7th may. so i am eligible to apply ILR from 9th April 2011, but according to the statement by you on WP (WP migrants who were granted 5 years continuous leave but delayed their entry to UK by up to 3 months)
i can apply before 6th april to avoid confusions of income criteria as my job title does n't appear in code of practice and shortage lists + increased fees..
Please post any official link or document so that i can prepare to apply before 6th April2011.
thanks in advance
SNG

SNG wrote:

sushdmehta wrote:

5.2 Applications that fall short of the five year continuous period wrote:In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the 5 years, provided this period was not longer than 3 months.

The excerpt is from Tier 2 & Tier 5 settlement IDI guidance, but please note that Tier 2 or Tier 5 leave is not (and perhaps never was) granted for continuous 5 years. IMHO, the reference may also include WP migrants who were granted 5 years continuous leave but delayed their entry to UK by up to 3 months.


aummar, your friend should be able to apply for settlement without the need to apply for an extension under Tier 2 provided he/she was issued 5 years continuous leave on 18-Dec-2005.

regards

Hi sushdmehta (moderator)
thanks for the information.
i had my WP visa stamped 28April 2006 -expires 28Apr2011. i arrived to UK on 7th may. so i am eligible to apply ILR from 9th April 2011, but according to the statement by you on WP (WP migrants who were granted 5 years continuous leave but delayed their entry to UK by up to 3 months)
i can apply before 6th april to avoid confusions of income criteria as my job title does n't appear in code of practice and shortage lists + increased fees..
Please post any official link or document so that i can prepare to apply before 6th April2011.
thanks in advance
SNG

IMO the caseworker descretion does not apply in your case. That is for people whose visa are completing before 5 year period and need another visa. From what you have described, you have leave to complete 5 years and earlierst you can apply is 28 days before 7 May 2011.