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Am I Eligible for ILR?

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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ys704
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Posts: 26
Joined: Tue Nov 23, 2010 9:06 am

Am I Eligible for ILR?

Post by ys704 » Sat Nov 27, 2010 9:46 pm

Hi all

Both my work permit and my work visa started from Dec 2005, however I only started working from June 2006 (contract started). I am still working for the same employer now.

In addition, I took maternity leave from June 2009 to July 2010.

Can I apply for ILR using SET O in Dec 2010?

thanks very much.
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geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Sun Nov 28, 2010 12:22 am

Did you apply for leave to enter or leave to remain? If the former, when did you enter UK as WP migrant?

Were you in the UK during maternity leave? If not (wholly or partly), how long were you absent from the UK and were you being paid in the UK during that time (that you were absent)?


regards
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ys704
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Posts: 26
Joined: Tue Nov 23, 2010 9:06 am

Post by ys704 » Sun Nov 28, 2010 10:16 am

Hi Sushdmehta

I'm thinking to apply for leave to remain. i'm in UK now and work visa expires on 20th Dec. I entered UK with my work permit on 5 Jan 2006.

I was in UK during maternity leave. I was paid SMP.

However, the trick is I am a family memeber of EEA national. I applied for Permanent Residence under EEA but got refused because I haven't been married for 5 yrs. therefore I'm thinking to apply for ILR.

I don't know whether that's allowed. I read somewhere in the regulation says you are not allowed to pick and mix the rights.
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ys704
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Posts: 26
Joined: Tue Nov 23, 2010 9:06 am

Post by ys704 » Tue Nov 30, 2010 1:56 pm

can anyone help?
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geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Tue Nov 30, 2010 2:17 pm

Given what you have stated regarding entry to UK and maternity leave, you should be eligible for settlement (ILR, under UK immigration rules) in Jan'11.

Not sure if previous refusal for leave to remain under EEA rules will have an affect on any future leave to enter / remain application(s) under UK immigration rules.


regards
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