ILR Eligiblity

MyHSMPApplication · Post by **MyHSMPApplication** » Wed Oct 24, 2007 1:25 pm

Hi All,
My Case is as follows

Came to the UK in Business Visa from India on 6th June 2004 through Employer 1 India
Stayed here until 23rd July 2004 and went back to India.
Applied for WP and the same was stamped on 1st of August 2004 Employer 1 UK. This workpermit was valid for 1 year
Came to UK on the 5th of August 2004.
Applied for FLR (Extension of stay) in July 2005 and the same was granted for 6 months i.e. until 1st August 2005 - 1st February 2006.
Left UK on the 13th of August 2005.
Once again applied for Business Visa from India on 1st January and the same was granted for 6 months.
In the mean time Employer 2 UK applied for my work permit in UK (i guess in December) and the same was granted on 26th February 2007.
Came to UK on 26th April 2007 and was with Employer 2 UK until 5th October 2007.
In the mean time I got my HSMP approved and I got my FLR stamped for 2 years i.e. from 5th October 2007 to 4th October 2009.

It is to be noted that I have made the Tax returns for the year 2004 - 2005 (Filed by Auditors with HMRC), 2005 - 2006 (Filed by Auditors with HMRC), and 2006- 2007(company provided p60).

I am not in a position to get my p60 for 2004 - 2005 and 2005-2006. However I have got a letter from my employer to that effect.

I have currently setup my LTD company and will have all the tax returns required from now on.

Based on this am I eligible for ILR in August 2009?

Kindly Advice.

Cheers
PG

VictoriaS · Post by **VictoriaS** » Wed Oct 24, 2007 1:29 pm

By 'business visa' do you mean 'business visit'?

Victoria

MyHSMPApplication · Post by **MyHSMPApplication** » Wed Oct 24, 2007 1:32 pm

Yes. It is business visit.

Cheers
PG

VictoriaS · Post by **VictoriaS** » Wed Oct 24, 2007 1:35 pm

Then you will not be eligible for ILR until 26th April 2012.

Victoria

MyHSMPApplication · Post by **MyHSMPApplication** » Wed Oct 24, 2007 1:40 pm

I guess this is because of the long break of over 8 months from August 2005 - April 2006 isn't it ?

If yes, then I thought so. I was just a bit worried about the new Tier based immigration so was hoping whether I could qualify in Aug 2009 or not.

I can always prove that I was with the same Company / Project even when I was outside the UK. Does this add any value to the case?

Cheers
PG

VictoriaS · Post by **VictoriaS** » Wed Oct 24, 2007 1:42 pm

None at all. You do not qualify as time spent on visit visa does not count, so you are only counted from the last time you came in on the work permit.

Victoria

MyHSMPApplication · Post by **MyHSMPApplication** » Wed Oct 24, 2007 1:46 pm

Hi Victoria,
But I entered this country in August 2006 in Work permit? And the Visit visa though was obtained in Jan 2006 , I never entered UK using the Visit Visa.

Which means that my entry in UK was only using the work permit.
i.e. from August 2004 - August 2005 and from April 2006 - tilldate

Cheers
PG

VictoriaS · Post by **VictoriaS** » Wed Oct 24, 2007 1:56 pm

You did not make it clear that you had not used this visa.

Okay, lets start again....

Please restate the time line in a clearer manner. Reading your post there is mention of August 2006.

Victoria

MyHSMPApplication · Post by **MyHSMPApplication** » Wed Oct 24, 2007 2:04 pm

Oh I am extremely sorry for the confusion.
Just to be clear, let me specify only work permit visa and ignore all business visas...

Applied for WP and the same was stamped on 1st of August 2004 Employer 1 UK. This workpermit was valid for 1 year

Came to UK on the 5th of August 2004.

Applied for FLR (Extension of stay) in July 2005 and the same was granted for 6 months i.e. until 1st August 2005 - 1st February 2006.

Left UK on the 13th of August 2005.

Employer 2 UK applied for my work permit in UK (i guess in December) and the same was granted on 26th February 2006.

Came to UK on 26th April 2006 and was with Employer 2 UK until 5th October 2007.

In the mean time I got my HSMP approved and I got my FLR stamped for 2 years i.e. from 5th October 2007 to 4th October 2009.

With this situation, am I eligible for my ILR in August 2009 ?

Do reply, and once again sorry for any confusion caused.

Cheers
Pg

VictoriaS · Post by **VictoriaS** » Wed Oct 24, 2007 2:14 pm

No, I am afraid that you are not. You would qualify in April 2011. Your gap of 8 months is just too much.

Victoria

MyHSMPApplication · Post by **MyHSMPApplication** » Wed Oct 24, 2007 2:25 pm

Thanks Victoria,
I thought so.

But having said this, couple of my friends have indeed got their ILR with over 9 months gap in a single year which I thought was a bit strang.

Is there any hard guidelines as in case of HSMP for ILR?

Cheers
PG

hsmpwpilr · Post by **hsmpwpilr** » Wed Oct 24, 2007 4:20 pm

MyHSMPApplication,

The ILR clock gets reset if you apply for new entry clearance.

1. You did mention that you went to India on 13 August 2005 and got business visa. Did you get the business visa stamped on your passport ?

2. When you switched to employer2, did you get a new entry clearnce (in India)?
Or you came to UK on Employer1 wp visa and then applied for FLR in UK ?

MyHSMPApplication · Post by **MyHSMPApplication** » Wed Oct 24, 2007 7:39 pm

Hi
The answer to both he question is Yes

Cheers
PG

hsmpwpilr · Post by **hsmpwpilr** » Thu Oct 25, 2007 10:47 am

If you got business visa stamped on your passport, your previous WP visa have been superseded with business visa. In this case, your earlier stay on WP with Employer1 cannot be counted towards ILR.

If your WP visa with Employer2 was stamped in India, that day onwards you were on WP visa again (effective 26th Feb 2007). Your ILR clock was reset to the date you entered UK again i.e. 26th April 2007.

So, you can apply for ILR in last week of March, 2012.

I know it's disappointing, but hope it helps to clarify your doubts.

MyHSMPApplication · Post by **MyHSMPApplication** » Thu Oct 25, 2007 2:53 pm

Yeah it certainly did

Thanks Vitoria and hsmpwpilr. You guys are a star to this board.

This was something I was suspecting however wasn't really sure.

Anyways will have to go through another painfully long extension process with HSMP. Hopefully the rules wont change much

Cheers
Pg

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ILR Eligiblity

ILR Eligiblity