workpermit to ILR/ PR **urgent please!!!

[lavishpatel]

Dear friends

Please help me, I am in need of your expertise. the matter is very urgent for me.

I have some doubts and looking for a good advice.

I am on workpermit for the past 4 years and I am working for the same local authority and I never changed the employer. I am due to run out of my Work permit VISA on 15th June2010. My entry date into UK was 11th July 2005. I will be finishing my 5 years only on 11th July 2010.

1. Am I eligible to apply for PR or indefinite leave to remain?

2. Am I eligible to apply for PR within 28 days of my qualifying period that is 11 July 2010 (I have counted the days and found 14th June is my 28th day) special request!! Please count the days for me to make sure my count was currect.

3. If I am eligibile to apply for PR am I allowed to apply personally or I need to send through post?

Quicker suggestion please!! as I am in bit of tense, I will be very greatfull for your early reply.

regards
Patel

[dimsav]

1) Yes.
2) You are eligible to apply for ILR on 13 June 2010 (on 11 July 2005 you were in the UK, so needs to count back from 10 July).
3) It is Sunday. So, apply by post or get appointment in PEO on Monday, the 14th - it is up to you...

[f2k]

1/I dont see why not

2/ I get 13th June which is a Sunday so monday 14 is good.

3/ You can apply personnally if you wish, this is most peoples favoured route as in most cases you get to leave the building with your passport and ILR. You also get the opportunity to present your case in person if there are any minor issues.

I would be looking now to book the appointment for the 14th of June, I believe it used to be 6 weeks in advance which is this coming Monday but the appointments go fast so you better hurry. BOOKING.

Also have you and any of your dependents (over 18 ) passed the Life in the UK Test

[senthil78]

Dear friends

Please help me, I am in need of your expertise. the matter is very urgent for me.

I have some doubts and looking for a good advice.

I am on workpermit for the past 4 years and I am working for the same local authority and I never changed the employer. I am due to run out of my Work permit VISA on 15th June2010. My entry date into UK was 11th July 2005. I will be finishing my 5 years only on 11th July 2010.

1. Am I eligible to apply for PR or indefinite leave to remain?

2. Am I eligible to apply for PR within 28 days of my qualifying period that is 11 July 2010 (I have counted the days and found 14th June is my 28th day) special request!! Please count the days for me to make sure my count was currect.

3. If I am eligibile to apply for PR am I allowed to apply personally or I need to send through post?

Quicker suggestion please!! as I am in bit of tense, I will be very greatfull for your early reply.

regards
Patel

For 1st question, I am not sure that you are eligible to apply. Although you can apply 28 days earlier, I think that you need to have 5 years valid leave to remain from the date of your entry. This is the straight forward question, I would advise you to check with HO when you book your appointment.

[dimsav]

... Although you can apply 28 days earlier, I think that you need to have 5 years valid leave to remain from the date of your entry.

senthil78, I am afraid that the first part of your statement contradicts with the second one...

Generally, you are allowed to apply for settlement within 28 days before the end of the qualifying period (which is 5 years from the date of entry into the UK). So, lavishpatel is eligible to apply for ILR on 13 June 2010, as already said earlier twice.
[Don't be confused with naturalization which indeed requires 5 years sharp, or more.]

[mrlookforward]

Dear friends

Please help me, I am in need of your expertise. the matter is very urgent for me.

I have some doubts and looking for a good advice.

I am on workpermit for the past 4 years and I am working for the same local authority and I never changed the employer. I am due to run out of my Work permit VISA on 15th June2010. My entry date into UK was 11th July 2005. I will be finishing my 5 years only on 11th July 2010.

1. Am I eligible to apply for PR or indefinite leave to remain?

2. Am I eligible to apply for PR within 28 days of my qualifying period that is 11 July 2010 (I have counted the days and found 14th June is my 28th day) special request!! Please count the days for me to make sure my count was currect.

3. If I am eligibile to apply for PR am I allowed to apply personally or I need to send through post?

Quicker suggestion please!! as I am in bit of tense, I will be very greatfull for your early reply.

regards
Patel

For 1st question, I am not sure that you are eligible to apply. Although you can apply 28 days earlier, I think that you need to have 5 years valid leave to remain from the date of your entry. This is the straight forward question, I would advise you to check with HO when you book your appointment.

WRONG. Please dont make uninformed comments when you do not know about the rules. Plus there is usually no point ringing UKBA , as the people in their call centres are not experts and in many cases they give useless or wrong advice, plus it will take a couple of months of continuous dialling before you can get through.

[senthil78]

... Although you can apply 28 days earlier, I think that you need to have 5 years valid leave to remain from the date of your entry.

senthil78, I am afraid that the first part of your statement contradicts with the second one...

Generally, you are allowed to apply for settlement within 28 days before the end of the qualifying period (which is 5 years from the date of entry into the UK). So, lavishpatel is eligible to apply for ILR on 13 June 2010, as already said earlier twice.
[Don't be confused with naturalization which indeed requires 5 years sharp, or more.]

@ dimsav, Are you 100 % sure? If yes, Can you provide some reference from the HO guide. Did you or your friends have any personel experience? I can't see any contradiction in my statement, If you can't understand the meaning of "5 years valid leave to remain", then my statement will be contradict to you.

@lavishpatel , If i am in your place, I will get confirmation from all the available source since you have just a day left to apply your extension if you come to know on 14th june. If you can't apply your extension ontime which will break your residency. I would advise you to get confirmation from all the sources.

[senthil78]

Dear friends

Please help me, I am in need of your expertise. the matter is very urgent for me.

I have some doubts and looking for a good advice.

I am on workpermit for the past 4 years and I am working for the same local authority and I never changed the employer. I am due to run out of my Work permit VISA on 15th June2010. My entry date into UK was 11th July 2005. I will be finishing my 5 years only on 11th July 2010.

1. Am I eligible to apply for PR or indefinite leave to remain?

2. Am I eligible to apply for PR within 28 days of my qualifying period that is 11 July 2010 (I have counted the days and found 14th June is my 28th day) special request!! Please count the days for me to make sure my count was currect.

3. If I am eligibile to apply for PR am I allowed to apply personally or I need to send through post?

Quicker suggestion please!! as I am in bit of tense, I will be very greatfull for your early reply.

regards
Patel

For 1st question, I am not sure that you are eligible to apply. Although you can apply 28 days earlier, I think that you need to have 5 years valid leave to remain from the date of your entry. This is the straight forward question, I would advise you to check with HO when you book your appointment.

WRONG. Please dont make uninformed comments when you do not know about the rules. Plus there is usually no point ringing UKBA , as the people in their call centres are not experts and in many cases they give useless or wrong advice, plus it will take a couple of months of continuous dialling before you can get through.

If you say wrong, Can you provide some reference from the HO guide.

[mrlookforward]

What dimsav has said is right. Its common knowledge. Its clearly mentioned in Set (0) guidance. Dont see the need to point to guidance whenever anyone raises doubts because they are used to be doubtful about everything.

Will it be ok for the OP to apply on saturday which is 29 days before, and explain that he has applied 29 days before because he cant post on Sunday. If he posts on Monday, it will be one day late. Is there guidance to disregard a non-working day? @ dimav

[senthil78]

What dimsav has said is right. Its common knowledge. Dont see the need to point to guidance whenever anyone raises doubts because they are used to be doubtful about everything.

It is not a common knowledge. I know that you can't give any reference. It may be right. Nothing is wrong to get confirmed from UKBA. We are not expert in immigration and we are just sharing our knowledge. Anyway it is not your case, if something goes wrong, you will not be affected. I consider myself as lavishpatel and advising him more safer way of handling the situation. For your info, you can ask UKBA when you book your appointment for ILR at PEO. I am may be doubtful about everything since there are many grey areas within the UK immigration. I would prefer to be more doubtful as far as the UK immigration is concerned.

[mrlookforward]

What dimsav has said is right. Its common knowledge. Dont see the need to point to guidance whenever anyone raises doubts because they are used to be doubtful about everything.

It is not a common knowledge. I know that you can't give any reference. It may be right. Nothing is wrong to get confirmed from UKBA. We are not expert in immigration and we are just sharing our knowledge. Anyway it is not your case, if something goes wrong, you will not be affected. I consider myself as lavishpatel and advising him more safer way of handling the situation. For your info, you can ask UKBA when you book your appointment for ILR at PEO. I am may be doubtful about everything since there are many grey areas within the UK immigration. I would prefer to be more doubtful as far as the UK immigration is concerned.

Read the Set (O) guidance and then come back and make comments.

Dont want to sound disrespectful, but you just tend to make comments based on just your own ideas, rather than based on any information. Not being a professional advisor doesnt mean that everyone on here has same level of knowledge.

[mrlookforward]

And yes its not common knowledge for people who do not have any knowledge at all.

[senthil78]

And yes its not common knowledge for people who do not have any knowledge at all.

I read SET(O) form, better you read it properly, I too don't want to waste my time to argue with you. I apply your statement for the people who are advising blindly without any reference.

[mrlookforward]

Have you read SET (O) guidance?
If not, read it again. Give you one more chance to prove that your are not cretin.

[senthil78]

Have you read SET (O) guidance?
If not, read it again. Give you one more chance to prove that your are not cretin.

Mind your language first.

[mrlookforward]

Prove me wrong. Have you read the set (O) guidance yet?

[senthil78]

Prove me wrong. Have you read the set (O) guidance yet?

I read SET(O) and I can't find anything. It is very simple if you post the exact statement or link from the guide, no need to trial too many posts.

[mrlookforward]

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

[senthil78]

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

The link is for the SET(O) guide, I have already read. Can you provide in which section, it says that you can apply with less than 5 years leave to remain visa?

[f2k]

And yes its not common knowledge for people who do not have any knowledge at all.

I read SET(O) form, better you read it properly, I too don't want to waste my time to argue with you. I apply your statement for the people who are advising blindly without any reference.

@senthil78, dimsav already kindly provided the link to the UKBA website which confirms the 28day scenario. We havent just made it up. Please go to the link provided and read for yourself (you have to click on where it says 28 days before the end of the qualifying period ) . You will find there it says

Can I apply using this form?
The How to apply page explains who who can apply for settlement using application form SET(O), and the amount of time they must have spent living legally in the UK before they can apply. This is called the 'qualifying period'.

Please do not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must apply before your current permission to stay in the UK ends.

[mcclaine]

http://www.ukba.homeoffice.gov.uk/sitec ... o04091.pdf

I am not sure I disagree with Senthil78 here. The guidance only states that you can apply 28 days before the completion of your qualifying period. It then states that the qualifying period for a work permit holder is 5 years.

It does not follow, as obviously as you think, that an application made 28 days before the expiry of the qualifying period is valid if there is no actual leave to remain until the expiry of the qualifying period. It could well be that the guidance notes have assumed that anyone applying 28 days before the expiry of their qualifying period would also have valid leave to remain until the expiry of their qualifying period, the latter thus becoming an implicit condition to the grant of ILR.

Original poster, you are well advised to check this with someone who knows immigration rules in far greater detail than us, especially given that if you apply on the 14th and are rejected for this reason, you may find that you are in the UK without valid leave to remain, thus breaking your clock regarding continuous lawful residence.

Perhaps one of the mods (John, Vinny) can offer more assistance?

mrlookforward, I have nothing against you disagreeing with senthil78 (helpful discussion and debate are what this forum is about) but perhaps less aggression and far greater humility is called for. I suspect the issue is not as open and shut as you would like to believe.

cheers

[senthil78]

And yes its not common knowledge for people who do not have any knowledge at all.

I read SET(O) form, better you read it properly, I too don't want to waste my time to argue with you. I apply your statement for the people who are advising blindly without any reference.

@senthil78, dimsav already kindly provided the link to the UKBA website which confirms the 28day scenario. We havent just made it up. Please go to the link provided and read for yourself (you have to click on where it says 28 days before the end of the qualifying period ) . You will find there it says

Can I apply using this form?
The How to apply page explains who who can apply for settlement using application form SET(O), and the amount of time they must have spent living legally in the UK before they can apply. This is called the 'qualifying period'.

Please do not send us your application more than 28 days before the end of your qualifying period. If you do, we may refuse your application with no refund of the fee. However, you must apply before your current permission to stay in the UK ends.

I know that you can apply 28 days before qualifying period. It doesn't say anywhere that one can apply 28 days before, eventhough they have less than 5 years leave to remain visa. I can understand 28 days before applying clause. I suggested the safer way since it is not exactly mentioned in the guide. I haven't said any of your suggestion is wrong, What is wrong to advise someone to speak to UKBA while booking their appointment.

[amreenmalik]

My dates issue was simillar to yours. I had only 4 days left to apply for ILR before my visa expired.
You can apply on the 14/06/2010.
Please book an appointment or make sure they get your application on that date as your visa expires the next day.
The final option would be, to go through a solicitor who has fixed weekly slots(if you can't get an appointment, but will cost you EXTRA).
I have got my ILR now. I am saying upon experience and as per the SET(O) guidance you CAN apply on the 14/06/2010.

All the best.

[geriatrix]

If the current leave to remain expires within 28 days of completing the qualifying period (4 or 5 years, as the case may be), one does not need to apply for (another) extension before applying for ILR.

This said, remember that one must have valid leave to remain on the date of application.

regards

[mrlookforward]

god, this senthil78 is so irritating. he shouldnt be on this forum, he should be in a primary school