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Qualifiying period for ILR
Posted: Sat Feb 26, 2011 11:07 am
by grinconesmo
Please help! I've got granted a Work Permit visa on the 16th of March 2007 enter the UK on the 19th of April 2007 meaning that the 5 year period would be completed on 19th of April 2012, could I still be able to apply for ILR? What do you recommend?
Posted: Sat Feb 26, 2011 11:10 am
by geriatrix
What is the expiry date of your current leave?
regards
Posted: Sat Feb 26, 2011 12:34 pm
by grinconesmo
My current leave expires on 16th of March 2012
Posted: Sat Feb 26, 2011 4:35 pm
by horsehorse
I have the same problem. I am wondering whether the following explanation suits for ( 4 year Work Permit + 1 year Tier 2) migrant.
Tier 2 migrants
You can count the period between the migrant being granted entry clearance and the date they entered the UK towards the five year period providing it is no longer than three months.
Posted: Sat Feb 26, 2011 4:49 pm
by grinconesmo
"Tier 2 migrants
You can count the period between the migrant being granted entry clearance and the date they entered the UK towards the five year period providing it is no longer than three months."
Hi Horsehorse,
Can you tell me where did you get that explanation from?
Thanks.
Posted: Sat Feb 26, 2011 4:58 pm
by horsehorse
Posted: Sat Feb 26, 2011 5:30 pm
by grinconesmo
Thank you so much, I think I'll sleep better tonight though, I have copied the guidance for future reference or to have it under my sleeve when the time to apply comes...
Cheers,
Posted: Sat Feb 26, 2011 7:21 pm
by Manas
grinconesmo wrote:"Tier 2 migrants
You can count the period between the migrant being granted entry clearance and the date they entered the UK towards the five year period providing it is no longer than three months."
Hi Horsehorse,
Can you tell me where did you get that explanation from?
Thanks.
Really interesting information!!
Now, consider my case:
WP issued on 28.07.2006, covering a period of 60 months from the date of leave to enter.
Visa stamped on 08.08.2006
Entered UK on 29.10.2006
Changed to T1G on 08.04.2009
Visa valid till 08.04.2012
Can anyone suggest whether I am eligible to apply for ILR on 08.08.2011, or 01.10.2011? (Obviously assuming that period of continuous stay in UK to qualify for ILR remains 5 years even upto October 2011!!)
Posted: Mon Feb 28, 2011 3:24 pm
by devmanda1ia
I am sorry but this document of calculation doesn't clearly say the same rule is applied to 'WORK PERMIT' holder. It does for Tier 2 holders where the clock can be considered from the time passport was stampped. There is no clear mention that the same rule applies to work permit holders.
Just phone UKBA
Posted: Mon Feb 28, 2011 4:45 pm
by grinconesmo
Yes you are right, they've said that I must apply for an extention or switch to the Tier 2 category because I'm short for 6 days, is really annoying that the tier 2 category allow you to count the days between your visa is stamped until the day you arrive in the UK but for the other categories of work employment that does not apply, you must be in the UK for 5 years and the erliest you can apply is only 28 days.