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...when can I apply?

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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k1w1b0y
Newly Registered
Posts: 14
Joined: Mon Mar 28, 2011 8:40 pm

...when can I apply?

Post by k1w1b0y » Sun May 01, 2011 11:07 pm

I am applying for ILR using set O (workpermit holder). I am a kiwi primary teacher, sponsored by a London Local Education Authority (LEA).

I've read bits and pieces here about the 28 day rule and I've got a few really simple questions I need clarification on. I am happy to be linked to existing threads.

Firstly, can I only apply 28 days before my current LLR expires, or am I eligible to apply now: I've been here on two consecutive working visas for the same sponsor in the same job since August 2004 ('valid from' 16 August 2004), working as a 'permanent' primary school teacher.

Secondly, with regard to 'absences since first entering the UK', if I'm eligible from 16.08.04 - do only have to document them up to 16.08.09, or should I cover all my overseas holidays up to the date of application?

I've posted a few times here, working off the assumption that my latest visa 'expiry' (July 2011) was the relevant one for my ILR application, but the fact is that I've been here in the same job since the middle of 2004. :oops:

joh118
Senior Member
Posts: 511
Joined: Fri Nov 06, 2009 1:53 pm

Re: ...when can I apply?

Post by joh118 » Sun May 01, 2011 11:22 pm

k1w1b0y wrote:I am applying for ILR using set O (workpermit holder). I am a kiwi primary teacher, sponsored by a London Local Education Authority (LEA).

I've read bits and pieces here about the 28 day rule and I've got a few really simple questions I need clarification on. I am happy to be linked to existing threads.

Firstly, can I only apply 28 days before my current LLR expires, or am I eligible to apply now: I've been here on two consecutive working visas for the same sponsor in the same job since August 2004 ('valid from' 16 August 2004), working as a 'permanent' primary school teacher.

Secondly, with regard to 'absences since first entering the UK', if I'm eligible from 16.08.04 - do only have to document them up to 16.08.09, or should I cover all my overseas holidays up to the date of application?

I've posted a few times here, working off the assumption that my latest visa 'expiry' (July 2011) was the relevant one for my ILR application, but the fact is that I've been here in the same job since the middle of 2004. :oops:
You can apply at anytime once you have lived in the UK for 5 years on a work visa. Ths means you may have been eligible since 16/08/2009. The expiry date of your current leave does not matter and it has no relevance to your eligiblilty of ILR.

The absences apply to the last 5 years of your stay in the UK leading up to the application. So this would be 05.2011 to 05.2006

k1w1b0y
Newly Registered
Posts: 14
Joined: Mon Mar 28, 2011 8:40 pm

Post by k1w1b0y » Mon May 02, 2011 12:26 am

...thanks for the prompt reply Joh.

A further question about absences: in the last couple years I've had a couple of trips to the EU and I'm having trouble tracking the exact entry/exit dates in my passport. I'll certainly be able to give the months, and all of them fall withing my usual 'leave with pay' as a school teacher, but am I likely to be seen as being deceptive if my dates don't match with theirs? Should I include a 'to the best of my memory' type cover note (by the way I'm intending to apply by appointment at a PEO)?

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