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ILR Application - Currently on Tier 2, earlier on Work Permi

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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SriSarma
Newly Registered
Posts: 14
Joined: Thu Oct 10, 2013 2:55 pm

ILR Application - Currently on Tier 2, earlier on Work Permi

Post by SriSarma » Tue Apr 01, 2014 7:21 pm

HI Everyone,
I need some urgent information regarding my friend's ILR application due day after tomorrow.
She entered the country in 2007 on Work Permit. In 2009, her Work Permit extension was converted to Tier 2 (employer sponsored) and has been so since.
She is now applying for her ILR using Set(O) form. Since she has been on Tier 2 for the last 5 qualifying years, she is applying as a Tier 2 applicant.
There is one section in the Set(O) for that asks for the initial entry into UK (section 6.1 & 6.2 - Immigration History) Should this be the date she entered the country just before her 5 years qualifying period (date of entry just before April 01, 2009 on Tier 2 visa) or should she enter the date as the date she first entered the country in 2007?

She has letter from her employer for the dates she has been away from the country in the last 5 years (i.e. from 2009). However if this has to be from 2007, its a bit late to get an updated letter from her employer. I was suggesting that she prepare a self signed letter that mentions her absence from 2007, but also state that she has a letter from the employer only for the qualifying 5 years.

Quick summary
- She is ok to apply as a Tier 2 applicant for ILR?
- Should her initial entry date be mentioned or should it be the date immediately before her 5 years qualifying period?
- If it has to be her initial entry date, will a self signed letter for absence period suffice?

Experts, please treat this as urgent so that she can be helped with her case. Also, please quote any information from the UKBA site that will be helpful to support her claim,

Apam
Member
Posts: 160
Joined: Thu Nov 21, 2013 2:24 pm

Re: ILR Application - Currently on Tier 2, earlier on Work P

Post by Apam » Thu Apr 03, 2014 9:29 am

If she entered the uk on work permit from 2007, then was due for ILR in 2012.
Can we know why she is applying for ILR in 2014?
Can you list her absences from 2007 till date?
Assuming her absences from 2007 to 2009, may have broke her continuity of stay, then she still qualifies for ILR from 2009 if absences are less than 180 days each year. In that case she can fill the form with details from 2009 and this should suffice.
Cover letter or not, is up to her. Employer letter from 2009, should be ok as well.

SriSarma
Newly Registered
Posts: 14
Joined: Thu Oct 10, 2013 2:55 pm

Re: ILR Application - Currently on Tier 2, earlier on Work P

Post by SriSarma » Thu Apr 03, 2014 11:46 am

Thank you for the response.
She got her ILR today.
Just so that the information will be helpful for others in a similar situation:
Her qualifying years were from April 2009 - April 2014.
she had to enter her date of first entry as December 2008 (the first entry immediately prior to her qualifying period).
In December 2008, she was still on WP and her Tier 2 stamping was in Aug 2009.
She didn't exceed her absence by 180 days in any of the qualifying years.
Documents submitted : Bank statements and pay slips (12 months each), letter from the employer with the SoC code, letter from the employer with dates of absence with the reason for absence, Biometric card and passport, Life In UK test result, PBS calculator printout for her English language requirement based on her degree (from outside UK).

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