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New ILR rules - Clarification needed urgently!!!

General UK immigration & work permits; don't post job search or family related topics!

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gotme_c
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New ILR rules - Clarification needed urgently!!!

Post by gotme_c » Mon Mar 27, 2006 11:50 pm

I came to UK on student visa, finished my masters in Jul 2001 and entered full time employment with a firm in Aug 2001(during the period when I was on student visa but was able to work full time as the course was completed). My work permit application was approved in Jul 2002. Is it possible for me to apply for ILR considering that I have been in full time employment on the same job since Aug 2001 & as I'm now, or should I wait for another year before doing so? Thanks in advance.

tvt
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Location: London

Post by tvt » Tue Mar 28, 2006 12:12 am

Please don't post multiple subjects!
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<<<N. N. - G. N.>>>

gotme_c
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Sorry

Post by gotme_c » Tue Mar 28, 2006 1:47 pm

Sorry - New member finding my way through

supertiger
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Post by supertiger » Tue Mar 28, 2006 2:06 pm

I think it counts from the date yr working visa was approved. With your student visa, even yr course was completed, you could only work 20 hours/ week legally or full time on vacations, adn normally employers don;t sign formal contract with you before the working permit is officially granted...

pantaiema
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Re: New ILR rules - Clarification needed urgently!!!

Post by pantaiema » Tue Mar 28, 2006 6:56 pm

Be careful if you want to present this case as you are doing illegal things. With student Visa you could only work 20 Hours a week during school term.

Pantaiema
gotme_c wrote:I came to UK on student visa, finished my masters in Jul 2001 and entered full time employment with a firm in Aug 2001(during the period when I was on student visa but was able to work full time as the course was completed). My work permit application was approved in Jul 2002. Is it possible for me to apply for ILR considering that I have been in full time employment on the same job since Aug 2001 & as I'm now, or should I wait for another year before doing so? Thanks in advance.

gotme_c
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Joined: Mon Mar 27, 2006 7:35 pm

Supertiger & panteima

Post by gotme_c » Wed Mar 29, 2006 12:34 pm

It's perfectly legal for someone who's completed his course and got a letter saying so from the university to work full time. I checked with homeoffice before working fulltime anyway so did the employers.
Thanks for your comments.

supertiger
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Post by supertiger » Wed Mar 29, 2006 1:05 pm

http://www.ukvisas.gov.uk/servlet/Front ... 067373#Q10

You can take part-time or holiday work, but you must not:

work for more than 20 hours a week during term time unless your placement is part of your studies, has been agreed with your educational institution and leads to a degree or qualification awarded by a nationally recognised examining body
do business, be self-employed or provide services as a professional sportsperson or entertainer, or
work full-time in a permanent job.

********************

Even so yr work can be regarded as replacement it still doesn;t qualify the ILR requirement. HO is clear on this point. hope helps.

gotme_c
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Joined: Mon Mar 27, 2006 7:35 pm

Supertiger

Post by gotme_c » Thu Mar 30, 2006 6:43 pm

work for more than 20 hours a week during term time. Do you understand what that means! ILR doesn't say anything about term time work or non-term time work...Would be helpful if you post replies after reading the rules

John
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United Kingdom

Post by John » Thu Mar 30, 2006 8:07 pm

Getting back to the original question :-
My work permit application was approved in Jul 2002. Is it possible for me to apply for ILR considering that I have been in full time employment on the same job since Aug 2001
-: no, time in the UK on a student visa does not count towards getting ILR (subject to the proviso below). As you seemed to have got an employment visa only in July 2002 it therefore follows that such month is the start of your ILR clock. As the time accrued by April 2006 is less than four years, you will need to wait until you get to 5 years in July 2007 before applying for ILR.

The proviso? Time legally in the UK on a student visa does count towards ILR but only if a 10-year or 14-year application is being made. You say :-
I came to UK on student visa, finished my masters in Jul 2001
-: but actually when did you arrive in the UK on a student visa? That is, when is your "in the UK legally for 10 years" up?
John

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