ILR query for Tier 1 (G)

abc111 · Post by **abc111** » Fri Jan 11, 2013 8:56 pm

Hi,

I am based in the UK as a Tier 1 (G) and will be eligibile to apply for ILR this year. My timeline:

- Out-of-country work permit endorsed: 01-07-2008
- Entered the UK: 08-08-2008
- Switched to Tier 1 (G): 01-07-2009
- Extension for Tier 1 (G): 01-01-2012; valid until: 01-01-2014
- Completing 4 years 11 months: 01-06-2013

Just wondering as I entered in the UK a month late than the work permit endorsed date so can I apply for ILR in June (i.e. 28 days earlier than 01/07/2013) or have to wait until August?!

Also I have a kid born in the UK what should I do for his application as he doesn't have a passport and he never travelled outside UK!

Please advise.

Thanks.

cs95tdg · Post by **cs95tdg** » Fri Jan 11, 2013 9:34 pm

abc111 wrote: - Out-of-country work permit endorsed: 01-07-2008
- Entered the UK: 08-08-2008
- Switched to Tier 1 (G): 01-07-2009
- Extension for Tier 1 (G): 01-01-2012; valid until: 01-01-2014
- Completing 4 years 11 months: 01-06-2013

Just wondering as I entered in the UK a month late than the work permit endorsed date so can I apply for ILR in June (i.e. 28 days earlier than 01/07/2013) or have to wait until August?!

See the following thread for a discussion on this: http://www.immigrationboards.com/viewto ... ht=#762881

According to my new understanding after the reply I received from the SettlementPolicyOps team today, you can consider the time between EC & Date of Entry towards your 5 year residence. In your case this would mean you could apply from up to 28 days before the 5th anniversary from 01-07-2008 because you first entered the UK within 3 months of EC.

abc111 · Post by **abc111** » Fri Jan 11, 2013 10:00 pm

Many thanks.

Does having a mixture of work permit and Tier 1 (G) have any implications?!

Thanks.

cs95tdg · Post by **cs95tdg** » Fri Jan 11, 2013 10:12 pm

Prior to Dec 13th, I was told that the 5 year residence would begin from Date of Entry due to switching immigration categories. See the topic link I provided before on this discussion.

However, according to the latest response I received from the SettlementPolicyOps team today it will not have any implications. 5 year residence begins from EC so long as you entered within 3 months of EC.

cs95tdg · Post by **cs95tdg** » Fri Jan 11, 2013 10:34 pm

abc111 wrote:Also I have a kid born in the UK what should I do for his application as he doesn't have a passport and he never travelled outside UK!

See the "Children" section under following sticky thread for what you need to do register your child as a BC, once you are granted ILR: http://www.immigrationboards.com/viewtopic.php?t=95747

abc111 · Post by **abc111** » Sat Jan 12, 2013 12:14 pm

cs95tdg wrote: However, according to the latest response I received from the SettlementPolicyOps team today it will not have any implications. 5 year residence begins from EC so long as you entered within 3 months of EC.

Its a big statement. I mean would you able to recommend link to this document on HO webiste.

How long should I leave until applying for PEO appointment? Considering the existing busy times for HO?!!

Thanks.

cs95tdg · Post by **cs95tdg** » Sat Jan 12, 2013 3:32 pm

The updated continuous residence guidance can be found below. See Page 12: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Read this thread for a recent discussion on this subject: http://www.immigrationboards.com/viewtopic.php?t=122375

abc111 · Post by **abc111** » Sat Jan 12, 2013 5:29 pm

cs95tdg wrote:The updated continuous residence guidance can be found below. See Page 12: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Read this thread for a recent discussion on this subject: http://www.immigrationboards.com/viewtopic.php?t=122375

Many thanks. Sorry for being a pain but page 12 I don't think specifically covers the people like me with combination of out-of-country work permit and in-country switch!!

Thanks.

cs95tdg · Post by **cs95tdg** » Sat Jan 12, 2013 5:35 pm

True, it doesn't explicitly state that it includes those who have switched immigration categories in country (but at the same time it also doesn't say that it excludes them). Anyway, I had the same question which I wanted to get confirmation on myself, so wrote to the UKBA SettlementPolictOps team. If you read the discussion thread (on this same subject) I posted in my previous response you will see what I mean.

I'm afraid that's all I can point you to.

abc111 · Post by **abc111** » Sat Jan 12, 2013 8:30 pm

cs95tdg wrote:True, it doesn't explicitly state that it includes those who have switched immigration categories in country (but at the same time it also doesn't say that it excludes them). Anyway, I had the same question which I wanted to get confirmation on myself, so wrote to the UKBA SettlementPolictOps team. If you read the discussion thread (on this same subject) I posted in my previous response you will see what I mean.

I'm afraid that's all I can point you to.

Thanks. Should I go for it? I mean base my application to date of passport endorsement (01/07/2012) OR leave it for another month to be on the safe side!!

Experts!!!

cs95tdg · Post by **cs95tdg** » Sat Jan 12, 2013 11:18 pm

It depends on whether delaying your application by a month makes a difference to you or not.

With the confirmation I received to my UKBA email enquiry, I will be applying earlier than initially planned, though not quite 28 days before the 5th anniversary from EC (as I wasn't able to get an appointment sooner & only got confirmation of the rules last Friday). My appointment is based on the EC rather than date of Entry. So as you still have several months to go, you can probably wait and see how my case and other similar cases go before you decide.

Alternatively you could submit a UKBA enquiry of your own to find out, for your own peace of mind.

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ILR query for Tier 1 (G)

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