HELP - ILR 5yrs work permit eligibility confusion

[kiles]

Hello Everyone,

I'm hoping somebody could help me clarify some confusions i'm having with regards to my eligibilty for ILR..

1) My 5yr work permit visa is running out 2days before the completion of the 5yrs, could i still apply for ILR?

2) I'm currently earning £300 less on my salary when i compare with my salary band stated on the tier 2 code of practice because my job is based on 37.5hrs per week and the salary band on the tier 2 code of practice is based on 40hrs per week, will the HO be converting my salary to 37.5hrs per week?

3) I have been in the UK as a student since 2004 and i got my work permit in 2007.. Section 6.1 of the SET(O) says;
'When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based'
Does this means from 2007 or from 2004??


Thanks in advance for your help..

[Smam]

Hello Everyone,

I'm hoping somebody could help me clarify some confusions i'm having with regards to my eligibilty for ILR..

1) My 5yr work permit visa is running out 2days before the completion of the 5yrs, could i still apply for ILR?

2) I'm currently earning £300 less on my salary when i compare with my salary band stated on the tier 2 code of practice because my job is based on 37.5hrs per week and the salary band on the tier 2 code of practice is based on 40hrs per week, will the HO be converting my salary to 37.5hrs per week?

3) I have been in the UK as a student since 2004 and i got my work permit in 2007.. Section 6.1 of the SET(O) says;
'When did you (the main applicant) first enter the UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based'
Does this means from 2007 or from 2004??


Thanks in advance for your help..

Hi

1) Yes you can still apply within 28 days of your WP expiry date if you've made an in country application or if you've converted your status in the UK from student Visa to WP or if you've entered in the UK within 90 days time period of your WP EC date. (Just to note one thing here I am not entirely sure about the 90 days rule for WP holders I my self is on WP and came to UK in 2003 and got my WP in 2007 so I am really sorry I am not to sure about it. I hope some other senior members will clarify this point a bit more or the mods of this forum.)

2)Well I think the salaries are mentioned in the COP are clearly based on 37.5 hours so I think you should be alright on that part as well I've just read the COP for my self in the Finance Section.

3)Well think about it mate the common sense has to dictate here in your question your ILR is based on the 5 years period so if you subtract 5 years from your date of application of your ILR you'll get the year 2007 which means that the date has to be 2007 not 2004.

Hope this will answer your question.

Please do kindly share your PEO experience with us on the forum.

Good luck for your ILR.

[cs95tdg]

Hello Everyone,

I'm hoping somebody could help me clarify some confusions i'm having with regards to my eligibilty for ILR..

1) My 5yr work permit visa is running out 2days before the completion of the 5yrs, could i still apply for ILR?

Will need you to provide more specifics before answering this. What date did you gain EC as a work permit holder? Or if you switched immigration categories in-country what was the valid from date of your WP visa? What is the expiry date of that visa?

[kiles]

Thanks for your response..

1) Yes i switched from student visa to work permit whilst I was here.. the work permit is valid from 01/10/2007 and expires on 28/09/2012..

2) The salaries mentioned in the page one of the COP stated 'Appropriate salary rates are based on a 37½ hour working week, unless otherwise stated' My SOC code is 2121 and at the page of the SOC code they mentioned [Source: The Institution of Civil Engineers Salary Survey, based on a 40-hour week]..
So will they be converting the salaries to 37.5 hrs per week for that particular sort code.. Please clarify??

3) Yes i agree base on common sense but its a little confusing because it's i got the WP whilst i was here so its not really the first time i entered the UK.. So does that mean i am only required to complete my immigration history (i.e. section 6.2) from when i get the WP in 2007?

Thanks a lot for your help..

[cs95tdg]

1) Yes i switched from student visa to work permit whilst I was here.. the work permit is valid from 01/10/2007 and expires on 28/09/2012..

It's rather strange that the work permit is not valid until 01/10/2012 to cover a 5 year period. Is there any reason for this that you are aware of? I.e. was it possibly done in error? Technically speaking you will need to have valid leave to remain to cover the entire 5 year residency for ILR, even though you can apply upto 28 days before visa expiry. So if you want to ensure that you meet the 5 year residency requirement, a postal application may be the best option. I.e. rather than a PEO application. The reason being you would most probably meet the residency requirement by the time a CW makes a decision on your postal application, whereas if making an in-person application, you will not, as the decision will generally be made on the day you submit your application.

3) Yes i agree base on common sense but its a little confusing because it's i got the WP whilst i was here so its not really the first time i entered the UK.. So does that mean i am only required to complete my immigration history (i.e. section 6.2) from when i get the WP in 2007?

This question has been answered in a couple of posts already. There was one forum member who posted a guidance note which stated that if you switched to a economic migrant immigration category in-country, then this date will be the date you switched. Please take a look through the form and associated guidance to verify, as I myself have not verified this.

[kiles]

Thank you for the answers,

1. No i am not aware of any reasons, the only think i could think of is may be the fact that 29th and 30th of august are weekends but i dont know if that counts..... I think i will just apply by post as you suggested

2. Could anybody please help me with my question 2 please????

3. I will call the HO to verify this because its not mention on the guidance.

Once again thank you..