My eligibility date for ILR

[northmain112]

I am a Non-EU national. I had come to the UK on May 1st 2002 on a Visitor Visa from the USA. I got a job in UK and the company filed for my work permit during month of may. I got a 4 year work permit shortly. The date stamped on my passport was 10 july 2002 with work permit validity upto 25th June 2006. I would like to know the eligibility date for ILR application. Is it on the 1st of Apr 2006? Appreciate any reply.

[Joseph]

I would wait until the 12 of June, which is 28 days before 10 July.
Joseph

[northmain112]

I was wondering if I should make a postal application for ILR on the 1st or 03rd of Apr 06. It would be delivered on the 3rd of Apr, ie. the date of change for the new rule, as well as 28 days from 1st of May ie. date i entered UK. I would risk losing £335, if refused. Would i be trying my luck? I have my leave to remain upto Apr 08 on HSMP. I had converted from workpermit to HSMP in Apr 04. Any comments/advice?

Also on the website, the note about amalgamation on WP and HSMP residence periods had been happening previously and people have got their ILR based on it, so it's not something new.

http://www.workingintheuk.gov.uk/workin ... ation.html

"Highly Skilled Migrant's will now be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant."

[tvt]

Would i be trying my luck? I have my leave to remain upto Apr 08 on HSMP. I had converted from workpermit to HSMP in Apr 04. Any comments/advice?

You have a slight chance of succeeding as they will easily see on their system that you are not eligible. So if you fancy giving the HO a £335 gift go for it!

Also on the website, the note about amalgamation on WP and HSMP residence periods had been happening previously and people have got their ILR based on it, so it's not something new.

http://www.workingintheuk.gov.uk/workin ... ation.html

"Highly Skilled Migrant's will now be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant."

This is indeed something new but not a positive piece of news. It seems that it was spun by some spin doctor to look like a new relief for HSMP holders. This change to the rules now published means that only time spent under WP / Innovator categories can be amalgamated with HSMP towards ILR. Before this change HSMP could be amalgamated with any period under any immigration category that leads to settlement (like WP dependent, ancestry and so on). So it's basically a restriction not a relief.

[John]

Northmain, sorry I just don't think this is going to work. Simply, time in the UK on a visitors visa, or indeed a student visa, does not count towards getting ILR ... with the exception of applications made under the 10-year or 14-year routes ... which don't apply here.

So I think that applying for ILR in early April is a futile gesture ... just throwing the application fee away.

Regretfully I think you are caught by the Immigration Rule changes announced earlier this week. That is, on your facts, I don't think you can apply for ILR until June 2007.

[shoegazer]

"Highly Skilled Migrant's will now be able to amalgamate continuous time spent in the UK as a work permit holder, Highly Skilled Migrant and / or an Innovator when applying for indefinite leave to remain as a Highly Skilled Migrant."

This is indeed something new but not a positive piece of news. It seems that it was spun by some spin doctor to look like a new relief for HSMP holders. This change to the rules now published means that only time spent under WP / Innovator categories can be amalgamated with HSMP towards ILR. Before this change HSMP could be amalgamated with any period under any immigration category that leads to settlement (like WP dependent, ancestry and so on). So it's basically a restriction not a relief.

I laughed when I read this, I mean, the way they presented this as good news.

"So what's the BAD news?"

[Kavik]

I suggest you not to risk by posting and loosing £350 as you're eligible exactly on the date new rules are implimenting. As they are saying date of application is date of postage, you can't post on 1st April you have to post on 3rd April. I know it is really difficult to take it. But as you have HSMP valid until 2008 why do you want to risk? I feel better waiting 12 months more. It's very unfortunate. I'm also in almost same situation like you. I came on 29th April to London.

[John]

I'm also in almost same situation like you. I came on 29th April to London.

Not really! You can apply 28 days before the the 4th anniversary, and therefore you just qualify for ILR under the 4-year rule ... based upon what you have posted.

[Kavik]

Not really! You can apply 28 days before the the 4th anniversary, and therefore you just qualify for ILR under the 4-year rule ... based upon what you have posted.

Sorry John,

I didn't understand clearly. Can I post application on 1st April and will my application be considered by HO under 4 years rules?
I've taken appointment from Liverpool for 31st March. Can I go on 31st March and try my luck or don't go on 31st March and post application on 1st April?

Thanks alot!

[John]

If you look at the SET(O) form you will say it says that the application can be made 28 days early.

As I understand it, for you, 31st March is more than 28 days early, but 1st April is not.

Please appreciate that there can be no guarantee in this but I think I would persevere with the 31st March interview, and if you get rejected on grounds that the application is too early, then post it Special Delivery on 1st April.

One thing seems clear .... for immigration purposes an applications are treated as made when it is posted ... as compared to citizenship applications which are treated as made when received. So it seems that an application posted on 1st April 2006 will beat the new rules.

But no guarantees!

[Kavik]

OK, Thanks. I think now I've got an answer.