Ancester in the British Army. Entitled for ILR?

[langet so pilon]

Hi Guys,

I just have a query concerning the following:

My mother has been working as a nurse since 2005. But, due to the fact that she has been out of the country for more than 3 months from September 2005 to December 2005 she was not able to apply for her ILR last year.

However, my grandad was in the British army during World War 2.

So my query is does that qualify her to apply for her ILR on that basis?

Thanks all

[geriatrix]

My mother has been working as a nurse since 2005. But, due to the fact that she has been out of the country for more than 3 months from September 2005 to December 2005 she was not able to apply for her ILR last year.

Even if the ILR count was reset due to this "longer than 90 days single absence" in 2005, she should now be eligible for ILR since December 2010 (after 5 years from entering UK in December 2005) if she has continued to hold leave to enter / remain in an immigration category that qualifies for settlement.

What has been your mother's immigration status since December 2005? And has she remained within the permissible limit of absences since then?


regards

[langet so pilon]

You see the situation is more complicated than that.
From May 2005 to September 2005 she was working in a nursing home in Birmingham.

- In September 2005 she left the country until December 2005 due to family bereavement

-When she came back in December 2005 she started working in another nursing home in London.

-However last year while filing the papers for ILR the guy who checks the papers told her that she had been out of the country for too long.

On top of that the home office stamp was missing on the second work permit(London Nursing Home one) meaning that she did not have a visa while she was working in that London Nursing Home.I think what had happened was that her employer had forgot to send the required papers to the home office. So she did not apply for ILR then.

However in August 2006 she had started working at Milton keynes Hospital with all the documents in place with a new work permit and everything properly stamped.

In November 2010 her work permit visa expired and an extension was refused on the basis that she did not have an IELTS or valid english certificate.

So she went back to my home country to apply from there. She eventually got the visa but not as an extension. I think it was something related to resident labour market.

She will be starting work next month because thats when her visa starts. But considering that she has been out of the country from November 2010 to March 2011 will she be eligible to apply for ILR this year or is this considered a new entry clearance all together?

That's why I was asking about the ancestor in British Army thing and if any of you members knew anything about eligibility based on an ancestor having served in the British Army.

Its a bit of a complicated situation as you can see.

[geriatrix]

Given your response, it is clear that she is not eligible for settlement as an economic migrant (for many reasons).

AFAIK, the fact that her father served in the British army in WW2 is also irrelevant.


regards

[langet so pilon]

So do you think that even if she applies next year in feb 2012 she will be ineligible considering that should cover the 4 months from Nov 2010 to March 2011?

OR

Would you say that the visa that starts in March 2011 is a new one completely hence meaning that she can only apply for ILR in 2016?


Thanking you in advance.

[geriatrix]

The ILR clock has been reset and will start only when she enters UK next month.


regards

[langet so pilon]

Thank you for your insight. I guess she will have to wait for another 5 year then, provided that the ILR rule does not change by then.

Regards