Further advice for ILR

[andrewnathin]

I am out of work from Nov 2009, I have my husband and children and established my private life till date. I kindly request some one to understand my following summary and provide me with a proper advise.

1 04/09/2004 Entered UK on Student Nurse Visa

2 05/06/2005 Secured a work permit visa as Staff Nurse
03/09/2009 and worked with NHS

4 10/08/2009 Application sent to UKBA for Indefinite Leave to Remain on a wrong advice

5 04/11/09 Application Refused for not completing 5 yrs continuous work permit

6 05/11/09 Terminated from my services since I had no valid Visa to continue

7 15/01/2010 Appealed the decision in the Employment Tribunal Court at Cardiff

8 25/01/2010 Appeal was rejected

9 05/08/2010 Letter from Khatry Solicitors to UKBA on
Compassionate grounds

10 10/10/2010 Submitted FLR(O) Application to UKBA through
UK Visa Experts

11 24/01/11 Application turned down – The reason from home
office was we do not qualify on compassionate
gounds

12 27/07/11 Submitted Tier-2 application with a sponsorship letter on work permit

13 08/09/11 Received response from home office advising us to go home office for biometric and finger prints

14 Since I have a son 19 yrs daughter 14 yrs studied in UK from Aug. 2005, very much concerned of their future career to go for Tier-2.

Since I completed 4 yrs and five months on work permit visa from June 2005 – Nov 2009,I need more advice as to is there any chance I can still go for ILR as I entered before 2006. The new 5 yrs work permit rule was introduced from Aug.2008, (am I right).

I am eagerly awaiting for your valuable advice at your earliest.

[xyz123]

ISince I completed 4 yrs and five months on work permit visa from June 2005 – Nov 2009,I need more advice as to is there any chance I can still go for ILR as I entered before 2006. The new 5 yrs work permit rule was introduced from Aug.2008, (am I right).

I am eagerly awaiting for your valuable advice at your earliest.

No you cant, as you have very clearly been advised by the UKBA when they refused your first ILR application. The rule change applies to all WP holders, even if they have been in the UK since before the rule change (i.e. 4 years to 5 years). Only HSMP holders are excempt from these rules. There have been legal challange(s) to this rule change and people tried to argue that if HSMP holders are exempt from new rules, so should the WP holders. But that has failed in the court.