when should i apply for ILR

[rogerroger]

I have a 4 year work permit which expires 14th of september 2004, however the stamp of the home office is dated 22 sep 2000.

does the 4 week rule apply on the 14th of september 2004(in which case i can apply for ILR on the 17th of August) or since the home office had granted me the permit on 22 sep 2000, would the 28 day rule apply to 22 september (2000+4 work permit years), which would mean i can apply ILR on the 25th of august.

I am thinking of going on the 17 of august but i do not want be rejected because i am 8 days early according to the 22 sep 2000 date.

[Kayalami]

does the 4 week rule apply on the 14th of september 2004(in which case i can apply for ILR on the 17th of August) or since the home office had granted me the permit on 22 sep 2000, would the 28 day rule apply to 22 september (2000+4 work permit years), which would mean i can apply ILR on the 25th of august.

28 days before the 4 year anniversary of the Leave To Remain stamp as a Work Permit Holder = 22 September 2004. I make it the 25th of August 2004 giving you a reason to celebrate the bank holiday that weekend. In respect of your other queries elsewhere on the board:

1. Your wife and children (under 18 and unmarried) can be included in the ILR application as dependents. Proof of relationship must be submitted i.e. marriage certificate and full birth certificates with both parents names. They must also be physically present in the UK during the ILR application as evidenced by the submission of their passports.

2. Processing times - in person = on the day subject to the application being straightforward i.e. you have all the paperwork and meet the money to accomodate/ maintain without recourse to public funds and continuing employment. By post = the Home Office give a 3 to 13 weeks time frame unless there are complexities. I don't know your history/ case so I can't say how long it would take for a postal application.

Hope that helps.

[rogerroger]

thanks kayalami
i tried to talk to home office and got them even more confused.

i came here as a student, and while i was studying my employer applied for my work permit.

the stamp on my passport is actually an extension of my previous visa. it does not state that i am employed. it states
"Leave to remain.....
hereby given until 14th September 2004 ..."

with the pentagonal stamp dated 22 september 2000. I have mispaced my work permit certificate, when i told home office that, they told me if i had reported it to the police, i will report that today.

potentially my work permit certificate could be daed any date within september 2000. should i ask my employer for the work permit certificate and go by the date on the work permit certificate?


also my wife joined me late october 2003, her work permit dependent visa expires on the 14th of septmber 2004. is she eligible for ILR?

[Kayalami]

It appears that your Work Permit was issued/dated 14 September 2004. However the endorsment of your passport with a corresponding leave to remain stamp on the basis of this WP was on 22 September 2004 = pentagon stamp. Your LTR cannot exceed the validity of your WP hence why the LTR has been issued to 14 September 2004. I wouldn't worry about this - the 28 days policy means you are still eligible to apply for ILR before the expiry of the LTR.

Your wife as I have already stated in my 1st response is eligible to be included in the application as a dependent subject to proof of relationship.

I understand your concerns but IMHO its best for you to focus on obtaining the relevant documentation required for the application rather than needlessly worrying over the minor detail of a 2 week difference in the WP vis a vis LTR stamp.

[rogerroger]

so should i apply on the 17th of august(4 weeks before the 14 th of september) or on the 25th of august(4 weeks before the 22 nd of september)?

I have been told that these are the following documents that i require to produce

marriage certificate
Two passport sized photographs of myself and wife.
My current passport to cover the last four years together with those of of my wife and
Original salary slips or bank statements covering the last 3 months.
A letter from my employer confirming that i am employed by them and that they intend to continue employing me in the foreseeable future

no one has mentioned the work permit, do i need to produce that, since i have lost mine, should i ask my employer for a duplicate?

[verona]

Dear Board

I have a similar question. The date on my first work permit is 25th Jan 2001, however due to that fact that Home Office lost my passport, the endorsement came much later- 23rd March 2001.

I understand I probably can only apply for ILR in feb 2005, however since it wasnt my fault in the first place, do you guys think I stand a reasonable chance if I hire a solicitor to file an application in December this year?

Any input? Much appreciated.

Roger. sorry- i had to nick your thread.

Verona

[rogerroger]

got my passport and my wife's passport stamped with ILR. i got my firm to apply for it, they went through some law firm.