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ILR -117 days gap

Posted: Mon Sep 19, 2011 1:12 pm
by smiles345
Dear experts please help , my relative is a work permit holder and due to ILR but there is a gap of 117 days between the date of entry clerancy and the date of arrival. can she apply for a ILR although there is 90 days case worker discretion? she has been contineously working for the same employer since she came here. OR does she need to send this form

http://www.ukba.homeoffice.gov.uk/visas ... g/t2wform/ the apply ILR after. but one of the criteria is they should have switched to TIer-2 , can this old WP holder extend by using this form?
thanks Please advise

Posted: Mon Sep 19, 2011 1:28 pm
by geriatrix
The WP holder will need to switch to Tier 2 before the current leave expires. If they haven't decided by the time she becomes eligible for ILR, then she may vary her application to ILR or she can apply for settlement after she has been granted extension.

Tier 2 (W) form is meant for those who have already switched from WP to Tier 2 using transitional arrangements and need to apply for extension. The person in question is yet to switch to Tier 2.

Posted: Mon Sep 19, 2011 1:45 pm
by smiles345
thanks sushdmehta for your great help, so the employer nees to sponsor them again for one month in order to apply for ILR. anyone applied successfully ILR with this gap in the past? sorry to go on they need to spend lot of money tier 2 as well as after one month for ILR