ILR Question- 4 year on workpermit

[rock26]

Hi!
Sorry for posting the topic again as I am unable to retrieve my previous one...

My passport was stamped for workpermit on 20 April 2001 in UK as i was on student visa at that time. But I actually started working with the employer on 20th aug 2001, because between that time I was completing my final year thesis.

Now as per my understanding I can apply for ILR on 20 March 2005 as the 3 years and 11month period will be completed after the grant of workpermit. But my continuous working period with the same employer will be of 3 years 7 months. will that confuse the case worker?
Should I wait till 20 aug 2005 to apply for ILR? as my 4 year continuous employment condition is fulfilled on that date?
Please Advise

Thanks in advance

[John]

Rock26, there are some technical problems with this Board at the moment ... hopefully resolved soon.

I saw your previous post asking the same thing .. and then asked .... what is the expiry date mentioned on your current visa?

I don't know whether you managed to answer that, but even if you did, I did not see it. So please now post the answer to that question.

[rock26]

Thanks for your reply! The expiry date of my workpermit is 20th March 2006.

Thanks

[John]

Rock26, interesting question ... and would welcome comments whether others think the following is right or wrong.

I think the answer to your question, when can you apply for ILR, is given by the Immigration Rules in paragraph 134, which starts by saying :-

Indefinite leave to remain for a work permit holder

134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:

(i) he has spent a continuous period of 4 years in the United Kingdom in this capacity; and

-: and then listing some other things. The whole of para 134 can be seen by clicking here

So, adding my own emphasise (i) reads :-

he has spent a continuous period of 4 years in the United Kingdom in this capacity

That is, the capacity of being in the UK as a Work Permit Holder. Accordingly I think you can apply in March. But very much welcome other views on this.

If you can apply in March ...do so ... ensure your application is in the hands of IND in the month of March. Why? Application fees are expected to increase substantially as from 1st April 2005.

[rock26]

Many thanks for your reply.

Any other thoughts on this please?

[rock26]

Dear All!

The update on my case is that I went in person(Croydon) to apply for my ILR on 21 of march. After the initial screening of documents and paying my fees , i saw the case worker. She told me that i have completed 3 years and 11 months on workpermit , but i will have to complete 4 years of emloyment as well which will be in august. So she gave me the option to withdraw my application and reapply in august this year. and the fees was non - refundable as well.
I think the person doing the initial screening of the documents should have informed me about this to avoid the payment of the fees. Well the next time in august i will have to pay £500 .

Thanks

[bbdivo]

Hi rock26, Don't you mean you will have to complete 3yrs and 11 months employment and not 4yrs?

[rock26]

Hi!

Well she asked me to reapply any time in August. Which is 4 years of employment because i started on 20 aug 01. This is bit strange because it should be in July according to 3 yrs 11month rule. Any way i won't take anymore chances and will go after 20 aug 05 when my 4 years are completed.

Thanks

[drabix1]

Hi rock26
Could you tell how HO became aware about when you actually started your employment? I can't find anything about start date of employment among doc's required for ILR.
thanks drabix

[sywahu]

Hi rock,

Reading your post, I am quite confused about it since I have got a similar situation. As far as I know, the rule is quite simply; 3 years 11m starting from the visa date stamp on your passport.

Not sure how the IO could say that you needed to be in employment for 4 years!?! Surely you just need to be in "employment" for 3y 11m to qualify. How did the IO know that you got your permit one month prior to actually starting work? Unless that was mentioned in the company letter?

I guess the scenario is where a person starts work after a "considerable period" after getting the permit. Quite strange!

In my case, I was working for the company on a student visa while "waiting" for the permit to come thru. I am thinking about it and will request the employer to put the visa stamp date in as company joining date to avoid confusion.
thanks sy.

[f2k]

Hi!

Well she asked me to reapply any time in August. Which is 4 years of employment because i started on 20 aug 01. This is bit strange because it should be in July according to 3 yrs 11month rule. Any way i won't take anymore chances and will go after 20 aug 05 when my 4 years are completed.

Thanks

You say your WP is from March 2001 to March 2006 what is the duration of your FLR. Also dont think you have to wait for after the 20th of August, the IO said anytime in August which means you can go on the 1st of August infact i am sure you can go on the 24th of July which 28 days b4 your time of residence while in employment is up

[rock26]

Hi All!

The starting date of my employment was mentioned in my company's letter.
Well the case worker was bit inexperienced . She actually took my documents to a senior case worker to discuss my case. After that she told me about the situation that they cant grant ILR it at this stage. At the end she did say that i can apply 4 weeks before 20 august but soon after that she said that i should come in august not july. i think she was confused as well.
The conclusion is , start counting 3 yrs and 11 months from the day when you actually started working for the employer on 'workpermit'. I am convinced as well that i can apply in July but i will not take any more chances.

Regards