ILR

[tier_2_applicant]

Hello,

I entered UK on a Work Permit (date of stamping 5th Dec 07, date of entry 5th Jan 08 ) and currently I am on Tier 1 visa valid until 27th May 2014.

In my understanding, since I arrived within 3 months of visa stamping, I will be able to apply for ILR 28 days before the fifth anniversary of visa stamping - i.e. on or after 7th Nov 2012.

Could a senior member kindly confirm that my understanding is correct. I am particularly confused because (a) I changed visa category from WP to Tier 1 (b) my Tier 1 visa is still valid for a year and a half.

Thanks a lot.

[emini34]

hi tier_2_applicant,

a senior member might clarify this for you but i think your case is different because you don;t have gap. because you still have enough time on your present status (Tier 1) the new modern rule will not be applicable to you. unfortunately you will have to calculate your 5years continuous from the date you enter 5th Jan 08.

Q3 to Q5 of http://www.immigrationboards.com/viewtopic.php?t=79378 will answer your question.

also you may want to read this thread that was posted today

http://www.immigrationboards.com/viewtopic.php?t=84602

your case is different from the one in the above thread, you don't hav a gap.

[yallow]

Hi tier_2_applicant,

there are contradicting messages on this forum. The guidance clearly states that you can only apply if you do not have enough leave remaining. However there are numerous examples where people benefited from this rule even though their visas were not expiring.
Me personally - I will try to benefit from this rule later this month even though my Tier 1 is valid till 2013.
I am closely following threads on this forum for the past few weeks and I haven't seen any people who had their ILR application refused because they still had enough time to apply 28 days before entry date not EC.

[wpilr_nov12]

I entered UK on a Work Permit (date of stamping 5th Dec 07, date of entry 5th Jan 08 )

The dates are just 4 weeks apart, not the biggest problem I would think. You could go by EC date, and if declined at PEO, go later by Entry date.

What they will do with your application (as each case is unique) can only be found out once you have submitted your application.

Again, I wouldn't be disheartened if I had to wait until 28 days prior to 5th Jan 2013.

[tier_2_applicant]

Thanks all for your kind responses.

[tier_2_applicant]

Hello All,

I am filling in the SET (O) form and will require your kind help with a couple of questions:

1. Page 11, Question 5.3: I draw salary and dividends from my limited company and they add up to a different figure each month. I believe I should put the average figure here (e.g. If I am claiming points for £24,000 for last 12 months, I should put £2,000). Could you please confirm my understanding.

2. Page 24, Question D1: I would have been in UK for less than 5 years when I apply. Should I still tick the box?

Many thanks for your kind help.

[tier_2_applicant]

Hi,

Could someone kindly help.

Moderators

May I please make this a separate topic? I don't think this is getting enough eyeballs as it is buried deep below an old discussion.

Thanks.

[geriatrix]

1. If one doesn't get paid a constant amount each month, then that's exactly answers such questions ... using average.
2. If you haven't, you should not be applying for settlement.

[tier_2_applicant]

Thanks sushdmehta.

Regrading point2 - I am applying 28 days before the date of visa stamping, so technically I haven't completed 5 years of stay. Hence my question.

Thanks.