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Right of settlement after 5 years

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

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pltf
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Joined: Wed Mar 09, 2011 11:58 am

Right of settlement after 5 years

Post by pltf » Wed Mar 09, 2011 12:58 pm

Hello,

Can anyone clarify the situation with the changes of Tier2 scheme in regard of right of settlement after five years pls.

I'm constantly living in UK since December 2007, due to changes in my contract I changed three visas. First came on work permit, then it was extended, and then in November 2009 a new visa was issued up until December 2012. I didn't leave the country and the company was the same.

Does the new rules regarding Tier2 affect my prospect right to settlement and to apply for UK citizenship in the future?

As a spouse of EU citizen (also living and working in UK since 2007) I could switch to EEA2 scheme, but I don't really want to lodge my passport as I need to travel a lot. Or should I better go for EEA2?

Thank you
Paul

arsenal49
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Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Wed Mar 09, 2011 1:38 pm

have you always been on "work permit". if yes, then its highly likely that you are eligible for ILR.

New rules wont apply to you so you need not care about them.

pltf
Newly Registered
Posts: 7
Joined: Wed Mar 09, 2011 11:58 am

Post by pltf » Wed Mar 09, 2011 1:50 pm

arsenal49 wrote:have you always been on "work permit".
I had a work permit for a year, when my contract was renewed I got something new (Tier 2 visa) as the rules changed. Does it count that I "always been on work permit" (if I'm actually didn't leave the country and stayed with the same company)?

I've heard that the new rules on Tier2 should not affect those who got visa prior April 2010 but I cannot find where was it.

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Wed Mar 09, 2011 2:14 pm

put it this way...

does "work permit" plus current "tier 2" equals 5 years in 2012?

the reason it might not cover 5 year period might be that you took up employment few months after your visa was granted so in theory you got 5-year visa but u havent lived for 5 years! hence not eligible

But, new rules can't/Will not be applied to you.

so unless you have to make a new application to cover 5-year residence requirement, you should be able to apply for ILR and ultimately citizenship with minimal fuss!

cheers

pltf
Newly Registered
Posts: 7
Joined: Wed Mar 09, 2011 11:58 am

Post by pltf » Wed Mar 09, 2011 3:47 pm

Good news! Thanks a lot

littlerice
Junior Member
Posts: 88
Joined: Fri Nov 05, 2010 8:46 pm

Post by littlerice » Wed Mar 09, 2011 9:11 pm

arsenal49 wrote:put it this way...

does "work permit" plus current "tier 2" equals 5 years in 2012?

the reason it might not cover 5 year period might be that you took up employment few months after your visa was granted so in theory you got 5-year visa but u havent lived for 5 years! hence not eligible

But, new rules can't/Will not be applied to you.

so unless you have to make a new application to cover 5-year residence requirement, you should be able to apply for ILR and ultimately citizenship with minimal fuss!

cheers
Just wondering what did you mean by "new rules can't/will not be applied to Work Permit holder"?

Because in the Home office's "statement of intent", the proposed new income criteria and criminality threshold are for all Tier 1 & 2 and Work Permit holders, see http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary page 10

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