fall short on 5 years stay on WP

jonathan_sugabo · Post by **jonathan_sugabo** » Fri Jan 14, 2011 11:34 am

Hi good day!

I am about to apply for indefinite leave to remain as a work permit holder this coming sept. My problem is I am short 2 days of my 5 years stay. I arrived oct 5 in the country and my visa expires on sept 4.

What is the best thing to do about my problem. the latest date that i can apply is on sept 7 which is my visa expires on the 4th of sept. Will i apply before my visa expires?

thanks

xyz123 · Post by **xyz123** » Fri Jan 14, 2011 12:54 pm

on work permit visas i dont think there is any exception allowed and hence you need to get a visa for those 2 days before you can apply for ILR. get your employer to sort your visa out to avoid the gap.

rajathwp · Post by **rajathwp** » Fri Jan 14, 2011 2:19 pm

Hi,

I arrived on 2nd April 2006 ( though Visa Stamped on 23rd March 2006) and my visa is valid till 23rd March 2011. I reckon i am eligible after 3rd March for ILR. Please correct me if i am wrong.

Cheers

Post by **geriatrix** » Fri Jan 14, 2011 2:32 pm

jonathan_sugabo wrote:Hi good day!

I am about to apply for indefinite leave to remain as a work permit holder this coming sept. My problem is I am short 2 days of my 5 years stay. I arrived oct 5 in the country and my visa expires on sept 4.

What is the best thing to do about my problem. the latest date that i can apply is on sept 7 which is my visa expires on the 4th of sept. Will i apply before my visa expires?

thanks

Were you issued a leave to enter (entry clearance) for 5 years?

regards

jonathan_sugabo · Post by **jonathan_sugabo** » Fri Jan 14, 2011 9:55 pm

sushdmehta wrote:
jonathan_sugabo wrote:Hi good day!

I am about to apply for indefinite leave to remain as a work permit holder this coming sept. My problem is I am short 2 days of my 5 years stay. I arrived oct 5 in the country and my visa expires on sept 4.

What is the best thing to do about my problem. the latest date that i can apply is on sept 7 which is my visa expires on the 4th of sept. Will i apply before my visa expires?

thanks
Were you issued a leave to enter (entry clearance) for 5 years?

yes i was given 5 years entry clearance. just want to know if this is applicable on my case .

5.2 Applications that fall short of the five year continuous period
In some cases, applicants may have been granted 5 years continuous leave, but will
not have spent 5 years continuously in the UK before their current leave expires.
Caseworkers may count the period between entry clearance being granted and the
date the applicant entered the UK towards the 5 years, provided this period was not
longer than 3 months.

thanks
regards

Post by **geriatrix** » Sat Jan 15, 2011 1:00 am

Yes, that's the reason I asked!

regards

jonathan_sugabo · Post by **jonathan_sugabo** » Sat Jan 15, 2011 2:05 am

[quote="sushdmehta"]Yes, that's the reason I asked!

regards[/quote

when can I pass my application for ILR? is it before my visa expire? or the 28 days upon entry which by that time my visa already expired?

thanks

Post by **geriatrix** » Sat Jan 15, 2011 2:29 am

You should apply before leave expires and request for consideration of settlement application under the given clause of the IDI.

regards

jonathan_sugabo · Post by **jonathan_sugabo** » Sat Jan 15, 2011 2:31 am

sushdmehta wrote:You should apply before leave expires and request for consideration of settlement application under the given clause of the IDI.

regards

thanks a lot

Pierrot95 · Post by **Pierrot95** » Sat Jan 15, 2011 11:34 pm

Are you sure that these instructions apply to work permit holders?
Tier 2 migrants and work permit holders visas are different, for instance the requirements for settlement of the spouse are not the same.
Can someone confirm that the 5.2 mentioned above applies to work permit holders?

====

Post by **vinny** » Sun Jan 16, 2011 1:35 am

Make the ILR application before your leave expires, to preserve your right of appeal.

Post by **geriatrix** » Mon Jan 17, 2011 3:16 pm

Pierrot95 wrote:Are you sure that these instructions apply to work permit holders?
Tier 2 migrants and work permit holders visas are different, for instance the requirements for settlement of the spouse are not the same.
Can someone confirm that the 5.2 mentioned above applies to work permit holders?

====

Only WP migrants were issued 5 years' continuous leave (to enter/remain). PBS migrants are issued 2/3 years leave (to enter / remain) in the first instance which they need to extend to complete the 5 years stay in the UK.

regards

Post by **geriatrix** » Mon Jan 17, 2011 5:59 pm

Since this topic is only relevant for people applying for settlement as WP / Tier 2 migrants. posts in this topic submitted by HSMP /Tier 1 migrants have been moved here.

regards

coolguycp1 · Post by **coolguycp1** » Tue Jan 18, 2011 10:11 am

@sushdmehta - This is a very important clause that you have brought to the notice of general public here. I have spoken to a lot of work permit holders who are my friends and they are in the same situation as there is a gap in their visa and date of entry of more than 28 days, and they have been told by immigration solicitors that they will need to apply for extension.

Although, it still depends on the caseworker's discretion to apply the clause under IDI, there is no harm in asking for consideration under this clause for settlement application.

Pierrot95 · Post by **Pierrot95** » Tue Jan 18, 2011 5:10 pm

sushdmehta wrote:
Pierrot95 wrote:Are you sure that these instructions apply to work permit holders?
Tier 2 migrants and work permit holders visas are different, for instance the requirements for settlement of the spouse are not the same.
Can someone confirm that the 5.2 mentioned above applies to work permit holders?

====
Only WP migrants were issued 5 years' continuous leave (to enter/remain). PBS migrants are issued 2/3 years leave (to enter / remain) in the first instance which they need to extend to complete the 5 years stay in the UK.

regards

You are right. But the instructions specifically refer to Tier 2 and not Work permit. So my conclusion would be that this 5.2 clause is not applicable since nobody was issued a tier 2 visa for 5 continuous years. Isn't it a leap of faith to assume that this applies to WP holders? All the immigration rules and instructions clearly distinguish Tier 2 and WP visas (like Tier 1 and HSMP visas).

====

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