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ILR with work permit - start date?

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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soph
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Posts: 6
Joined: Thu Apr 19, 2012 3:23 pm

ILR with work permit - start date?

Post by soph » Thu Apr 19, 2012 3:33 pm

I was granted my work permit on 1st June 2007 for a job that didn't start until 1st August. I came to England 2 weeks later on 15th June and left 4 days later. I'm over the 180 days, but this would be reduced if I don't count the initial days.

So can you tell me if I should put in 1st June, 15th June, or 1st August as my start date?

And if I have to put in 1st June or 15th June, are the days counted as personal (unpaid) or can it be excused as being within the 3 months period of the visa being issued in my passport? And if the latter, what do I list?

Thanking you in advance for your response.

selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 3:21 pm

Re: ILR with work permit - start date?

Post by selva » Thu Apr 19, 2012 10:51 pm

soph wrote:I was granted my work permit on 1st June 2007 for a job that didn't start until 1st August. I came to England 2 weeks later on 15th June and left 4 days later. I'm over the 180 days, but this would be reduced if I don't count the initial days.

So can you tell me if I should put in 1st June, 15th June, or 1st August as my start date?

And if I have to put in 1st June or 15th June, are the days counted as personal (unpaid) or can it be excused as being within the 3 months period of the visa being issued in my passport? And if the latter, what do I list?

Thanking you in advance for your response.
what is your employment start date: 1st August?
are you still on work permit?

if employer is going to say your start date as 1st August then

your start date for ILR will be 1st August

soph
Newly Registered
Posts: 6
Joined: Thu Apr 19, 2012 3:23 pm

Post by soph » Fri Apr 20, 2012 11:25 am

The employment start date was 1st August, but if I have to put in 1st August, then my visa would expire before then.

Do I have to put in 1st August, or can it be the 1st or 15th June?

Thanks!

selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 3:21 pm

Post by selva » Sat Apr 21, 2012 10:35 am

soph wrote:The employment start date was 1st August, but if I have to put in 1st August, then my visa would expire before then.

Do I have to put in 1st August, or can it be the 1st or 15th June?

Thanks!
it is bit tricky for you. 90 days concession talks about delay due to travel

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to
delayed travel will not have spent five 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 five years, provided this period was not
longer than three months.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

I don't think you would be covered by this. get some advice from a solicitor or you can send the question to UKBA.

dimsav
Member
Posts: 210
Joined: Mon Apr 12, 2010 12:52 pm

Re: ILR with work permit - start date?

Post by dimsav » Sat Apr 21, 2012 2:15 pm

soph wrote:I was granted my work permit on 1st June 2007 for a job that didn't start until 1st August. I came to England 2 weeks later on 15th June and left 4 days later. I'm over the 180 days, but this would be reduced if I don't count the initial days.

So can you tell me if I should put in 1st June, 15th June, or 1st August as my start date?

And if I have to put in 1st June or 15th June, are the days counted as personal (unpaid) or can it be excused as being within the 3 months period of the visa being issued in my passport? And if the latter, what do I list?
What matters for ILR residential requirement is your first date of entry into the UK, not your job start date. You should put, and count your 5 years term from 15th June 2007. (Please double-check that this was indeed the date in your passport on which your WP visa got stamped on your first arrival.)

Then you may apply for ILR earliest on 18 May 2012, but before 1st June 2012 (when your current WP visa expires).

Regarding the absences, your initial gap from 15th June to your next entry (around 1st August?) will then be less than 90 days, so you should be fine (provided that your further absences were not numerous/long, 180/90 days is a rule of thumb).

Hope this clarifies the situation a bit...

soph
Newly Registered
Posts: 6
Joined: Thu Apr 19, 2012 3:23 pm

Post by soph » Mon Apr 23, 2012 10:19 am

Thank you for your responses. I don't need to prove then that I maintained housing in the UK between 15th June and 1st August, right? Some posts said they brought in council taxes/rental agreements.

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