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Eligibility Date for Indefinite Leave to Remain

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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defmute
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Joined: Wed Jul 30, 2008 11:50 am

Eligibility Date for Indefinite Leave to Remain

Post by defmute » Tue May 04, 2010 11:08 pm

Hi all,

Please I would like to seek assistance or clarity on the above named subject.

I was granted a student visa back in my home country valid for the period of October 2003- May 2005. I came into UK October 2003 to commence a master program which I finished in October 2004. I applied for the SEGS in December 2004 valid till December 2005.

I was offered and started my first job as a structural engineer in March 2005, I was eligible to work back then due to my leave under the SEGS status. My employer later applied for a work permit on my behalf. The work permit was dated 14 July 2005 and valid for 60months (i.e. 5 yrs).

However, I had to wait a few months in order to apply for my leave to remain under this work permit. This was mainly due to the fact that my company will only apply for the work permit for me but I had to foot the bills for leave to remain. So I had to save up the money required to pay the application fees. I applied and was granted my leave to remain dated 6 October 2005 valid till 07 October 2010.

Since then, I have changed companies, had another work permit and leave to remain applied on my behalf in April 2007 valid till April 2012.

I swapped categories from work permit holder to Tier 1 Migrant back in July 2008 and I was granted a leave to remain under this status valid till July 2011. Currently, the Tier 1 migrant is my current immigration status.

Saying all this, I have duly been working since March 2005 and I have covered the 5yrs period required for ILR. Now bearing in mind that the SEGS do not count towards ILR status, I'm confused as to what date to follow.

The question is SHOULD I START COUNTING MY 5YRS PERIOD FROM THE DATE MY FIRST WORK PERMIT WAS GRANTED i.e. 14 JULY 2005 OR THE DATE WHEN MY FIRST LEAVE TO REMAIN UNDER THE SAME WORK PERMIT WAS GRANTED i.e. 06 OCTOBER 2005.

Many Thanks.
Def.

P.S: I also know about the 28days before your due date rule. I just want to find out which date I need to follow and count 28days ahead of that date.

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
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Post by geriatrix » Tue May 04, 2010 11:55 pm

06-Oct-05. Reading this topic will help to understand why!

And, please don't shout.

regards

defmute
Newly Registered
Posts: 13
Joined: Wed Jul 30, 2008 11:50 am

Post by defmute » Wed May 05, 2010 9:09 am

Hi Sush,

Thanks a lot, I guessed it will be the case highlighted but I wanted to confirm.

And I promise I wont shout next time.

Ta.

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