SET(O) for 5 Yr WP Query...

[devet]

Hello,

I have just recently submitted my SET(O) by post for ILR (still no ACK letter though payment quickly taken :/). My query is over a break in WP status before my most recent continuous 5 year WP on Limited Leave to Remain.

Details:

Arrived in May 2003, valid WP until left that employment/was hired by another company in Feb 2005. However, I was forced to go on immediate leave with the new company as not all the paperwork had been submitted properly for the new WP which was finally granted with a 5 year LLR October 2005. I was very fortunate on that one!

On my SET(O) form, I listed my first arrival date in 2003, as I had not left the country after aside from a brief visit to family. However, I presented my application with paperwork and the intent for review on the last 5 continuous years only.

So, any ideas on whether the break in WP prior to the last 5 years WP status will be held against me during the application process? All regulations/guidelines I can find on the UKBA website seem to apply just to the continuous 5 year interval prior to application....

Any comments, advice greatly appreciated.

All the best,

devet

[geriatrix]

My query is over a break in WP status before my most recent continuous 5 year WP on Limited Leave to Remain.

Therefore irrelevant, unless you were in breach of immigration law(s) during the period.

6.1 When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based.

Oct.'05 - Oct'10 covers the 5 years residential qualifying period on which your settlement application is to be based, so why confuse the caseworker with an 2003 entry date that the settlement application does not cover.

Given that a cover note / letter highlighting the facts is enclosed, shouldn't be a problem.


regards

[devet]

Hi Sush,

Definitely agree...hindsight is always 20/20 isn't it?

Unfortunately, I took the question on the application form quite literally (it does ask when you first 'arrived' in the UK) and did not include a cover letter at the time of application.

In the absence of even having an ACK letter, is there any way to send a separate cover letter now to clarify? Would putting my current WP reference number on such a cover letter guarantee that it will land in the hands of the case worker involved?

Ta for such a quick response, much appreciated.

devet

[geriatrix]

is there any way to send a separate cover letter now to clarify? Would putting my current WP reference number on such a cover letter guarantee that it will land in the hands of the case worker involved?

I don't think even UKBA can give you that guarantee, let alone me.

Call up UKBA to enquire about the address where you can send letter / documents. Draft the letter and include your name, passport no., nationality, and date of birth. Send the letter and hope for the best. And, if you get the reference number in the interim, don't forget to mention the same in the letter.


regards

[nineteen]

Hi question on first entry,
my spouse came on dependant visa then switched to WP (went to India for WP stamp).

What should be entry date for ILR, the date spouse entered on WP or before ?

thanks.

[geriatrix]

Hi question on first entry,
my spouse came on dependant visa then switched to WP (went to India for WP stamp).

What should be entry date for ILR, the date spouse entered on WP or before ?

thanks.

Is your spouse still on WP? If yes, then the date of entry as WP migrant.


regards

[nineteen]

Spouse is on Tier 1 now, WP from 2006 and tier 1 from 2009.

thanks.