Confused re: when to apply for ILR based on work permit

Tamzin27 · Post by **Tamzin27** » Wed Jun 06, 2007 8:42 am

Hello All,

I would be grateful if someone could clarify this issue please, because I have been getting so many conflicting advice from the people who took my calls at the Home Office. Seems like there is no consistency in what they say.

My work permit was issued on 17th July 2002 and will expire on 17th July 2007.
My visa was granted on 14th August 2002.
My visa expires on 17th July 2007.
I commenced work on 15th August 2002.

I have been trying to make an appointment at the Home Office to apply for ILR. However, on some days I've been told that I can make an appointment 28 days before my work permit was issued and other days, I 've been told 28 days before I commenced work. Can someone confirm the right answer please?

And, if I count 28 days before I commenced work, this falls on the day my visa expires. Can you please let me know if it's safer to apply for an extension and a new work permit? I didn't really want to spend more money.

Please answer ASAP. I haven't got long.

Thanks
Jaz
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Docterror · Post by **Docterror** » Wed Jun 06, 2007 9:52 am

However, on some days I've been told that I can make an appointment 28 days before my work permit was issued and other days, I 've been told 28 days before I commenced work. Can someone confirm the right answer please?

Neither. When did you first enter the UK on the work permit?

This question is discussed frequently on the board. A use the search ficility should yeild you the answers in detail.

rooi_ding · Post by **rooi_ding** » Wed Jun 06, 2007 10:45 am

I received my ILR on Friday and when they calculated the days for my appointment they took the date of my visa which was the 27 June. the earliest I could apply was the 31st of May.

I did a quick calculation for your case and it looks like you might be one day short before you complete the 4 years 11 months period. I would discuss your situation as soon as possible with the HO and explain you situation

All the best

jazbaati99 · Post by **jazbaati99** » Wed Jun 06, 2007 12:20 pm

Well, the clock starts from the day your start working. It is from personal experience, my friend switched from student visa to work permit. His case was the same, there was a gap of a month between his work permit and the time he started working. He went for ILR (calculating 28 days from work permit) but was told to come back 28 days before the actual date he started working (the date of visa). So in my opinion the clock starts from the day visa stamped and if there is a gap between visa date and actual work start date then the later date on which you actually start working.

Regards

Tamzin27 · Post by **Tamzin27** » Wed Jun 06, 2007 7:36 pm

Thanks so much for all your replies. I'm so grateful. I called the HO this morning, and they are telling me that it's 28 days before I commenced work. I am a day short. I could get ILR on the 18th, but as my visa expires on the 17th, they said I have to extend my visa and ask for an extension of my work permit. I can't believe how unlucky I am. Any more advice are welcome.

Thanks
Jaz

stedman · Post by **stedman** » Wed Jun 06, 2007 7:52 pm

Well it's one of those things.. I applied for ILR and British citizenship a couple of months apart, could have done it sooner but I was so peeved about paying twice I deliberately delayed applying for BC. These are worse things - you could be deported, unemployed, dying of cancer, in prison.. well that's what I told myself last year as I reluctantly parted with my last bit of cash to the HO.

jazbaati99 · Post by **jazbaati99** » Wed Jun 06, 2007 10:13 pm

Well one possible way around is to apply for ILR via post on say 14th before your current leave expires. Make sure that you send your application and supporting documents via special delivery and keep the receipt very very safe. As long as you apply before your current leave expires your current status (work permit) will be continuous until your application is decided. Now to buy some more time pay the fee for ILR application via cheque (that takes five days to clear and your application will not be considered unless it is paid). In this way by the time your application comes to the consideration stage it will be well within 28 days of the time when you started your job thus saving a FLR cost.

SYH · Post by **SYH** » Wed Jun 06, 2007 10:44 pm

jazbaati99 wrote:Well one possible way around is to apply for ILR via post on say 14th before your current leave expires. Make sure that you send your application and supporting documents via special delivery and keep the receipt very very safe. As long as you apply before your current leave expires your current status (work permit) will be continuous until your application is decided. Now to buy some more time pay the fee for ILR application via cheque (that takes five days to clear and your application will not be considered unless it is paid). In this way by the time your application comes to the consideration stage it will be well within 28 days of the time when you started your job thus saving a FLR cost.

I was thinking the exact same thing.

firstime · Post by **firstime** » Thu Jun 07, 2007 10:47 am

why do you bother to tell HO your starting date for work? On the employer letter, there is no specific request that you have to tell the starting date. And on your passport i assume there is only a visa stamp right? There is no where to indicate when did you acturally start working if YOU DONT tell the HO!

Tamzin27 · Post by **Tamzin27** » Thu Jun 07, 2007 12:04 pm

I didn't tell them my start date. They actually asked me when I started work, when I tried to make an appointment.

Tamzin27 · Post by **Tamzin27** » Thu Jun 07, 2007 12:10 pm

Thanks to all of you who've replied,

I suppose sending everything by post is the best way. But unfortunately I'm desperate to go part-time at work, because I just had a baby. That's why I want to get my ILR ASAP. My paid maternity leave finishes on the 24th June. I'm having to go on unpaid maternity leave, just because I can't go back part-time. Anyway, as someone mentioned above, there could be worst.

I've decided to extend my visa and have asked my employer to apply for an extension of my work permit. Hope it does not take long. Very unlucky, short of one day.

Thanks to all
Jaz

jazbaati99 · Post by **jazbaati99** » Thu Jun 07, 2007 2:36 pm

Well, do keep in mind if you apply by post your current status (work permit) will be deemed as continous that is you can still go back to work while you wait for the outcome of your ILR application.

Tamzin27 · Post by **Tamzin27** » Thu Jun 07, 2007 6:54 pm

Called HO again this morning and this time they told me it's the issue date of my Work Permit that counts. I told them they were very inconsistent and that I would like this confirmed by their supervisers. This information was confirmed by two supervisers and they read their policy to me. Therefore I've booked an appointment for the 19th June 2007. Will let you all know of the outcome.

Take care
Jaz

olisun · Post by **olisun** » Thu Jun 07, 2007 7:41 pm

Tamzin27 wrote:Called HO again this morning and this time they told me it's the issue date of my Work Permit that counts. I told them they were very inconsistent and that I would like this confirmed by their supervisers. This information was confirmed by two supervisers and they read their policy to me. Therefore I've booked an appointment for the 19th June 2007. Will let you all know of the outcome.

Take care
Jaz

Btw was your WP a in-country application?

Tamzin27 · Post by **Tamzin27** » Fri Jun 08, 2007 8:50 am

Yes, it was an in-country application. Prior to that, I went to university in the UK for 3 years and I was on a student visa. I'm currently a psychiatric nurse and have been working with the same employer for the past 5 years.

firstime · Post by **firstime** » Fri Jun 08, 2007 11:31 am

It is very interesting - i am glad you finally get the confirmation.

However i was wondering if they will really check your starting date when you are applying in person in the PEO office. Would be nice if you could share your expereice in the face to face interview and i wonder if they will ask for the actural starting date as mine is also later then the visa date.

Good lcuk!

Xzibit1 · Post by **Xzibit1** » Fri Jun 08, 2007 1:22 pm

I called the Home Office to ask whether the 5 years is counted from the time you got the approvel to work or counted from when you actually started your job. Here are the responses I got on the different ocassions I called:
1. The 5 years is counted from when your leave to remain as a work permit holder was approved. ie when your passport was stampted. Does it metter when I started work " No No..." was the HO response

2. The 5 years is counted from when you actually started work. I then told the HO advisor that there is no way to prove when i started work...He then was not sure what to tell me.

3. The 5 years is from when your visa was granted. I then told the HO Advisor that i started work 1 month after my visa was granted. She then consuklted with her supervisor and they said a decision will rest with the case worker who reviews your application on the day.

I think it is best not to indicate on your letter from Employer to HO, when you started work unless your start date and visa date are the same.

Tamzin27 · Post by **Tamzin27** » Fri Jun 08, 2007 2:43 pm

Guys, I have some info for you.

My visa was granted on the 14th Aug 2002 and expires 17th July 2007. I called the Work Permit Department and they told me that my visa was actually granted on the 17th July 2002 and there must have been a delay when they stamped my passport. It would be wise for you to ask the HO to check what date they have on their system and give them your reference number. You'll find that on your Work Permit letter.

I will definitely share my experience with you all. I've actually started a thread this morning re: your experiences. Please add your experiences on my thread.

Thanks
Jaz

Xzibit1 · Post by **Xzibit1** » Sat Jun 09, 2007 10:24 am

To: IND Public Enquiries
Subject: Applying for Indefinite Leave to Remain- Work Permit

Dear Sirs,
Can you confirm when is the earliest one can apply for Indefinite Leave
to Remain as a Work Permit Holder.

1. Is it 28 days before the 5 year qualifying period when the work
permit was approved?

2. Is it 28 days before the 5 year period when the leave to remain as a
work permit holder is granted?

3. Is it 28 days before the 5 year period when one actually started
work?

Kindly clarify when is the earliset one can apply for Indefinite Leave
to Remain as a work permit holder

Response from HO
Dear Sir,

Thank you for your enquiry.

Please be advised that if the work permit was issued in country then
the
5 year qualifying period for ILR starts from the date of leave to
remain
under the work permit. However, if it was issued out of country then it
is from the date of entry in the UK.

Yours faithfully,

Managed Migration
Border & Immigration Agency

Tamzin27 · Post by **Tamzin27** » Sat Jun 09, 2007 7:34 pm

I'm very gutted by these advisors who take your calls at the HO. They tell you different things all the time. Wonder where they got trained and who trained them. I've spoken to some real idiots on the phone. They just tell you what you can read from their website. If you give them a complicated case, they just tell you what they think is the answer. They should have a policy and stick to one answer.

I'm going on the 19th. I'll let you all know. I really feel like going to the newspapers, probably a waste of time. They make me angry.

Jaz

maple leaf · Post by **maple leaf** » Sun Jun 10, 2007 12:19 am

Understanding.

Good luck!

nightstar · Post by **nightstar** » Fri Aug 17, 2007 2:03 pm

Hello Jaz, How is the latest development of your visit to PEO?

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Confused re: when to apply for ILR based on work permit

Confused re: when to apply for ILR based on work permit

Reply to Firstime

Thanks to all

I've booked an appt

Re: I've booked an appt

application

Answer to Xzibit1

Real idiots