ILR application - WP & Tier 2 (ICT)

[simrun123]

Work permit visa dates

Issued on :19/02/2008
UK Entry Clearance Visa” Stamped in Passport: 06/03/2008
ENTRY INTO UK: 28/03/2008
Valid untill: 31/01/2010
applied for extension (ICT) in uk valid until 31/01/2013

can i apply for ilr before current visa expiry ie. 31 jan 2013.
if i calculate 06/03/2008 - 06/03/2013 as my 5 years and then minus 90 days from 06/03/2013 means i can apply any time after 21/12/2012 (90days minus from 06/03/2013) which means i can apply for ilr before expiry of current visa. or does the 90 days not apply since not been issued 5 years visa i.e. 06/03/2008 -31/01/2013 is not 5 years

thank you so much

[wpilr_nov12]

If you are otherwise eligible on all other grounds (read FAQ at http://www.immigrationboards.com/viewtopic.php?t=79378 ) to apply for ILR, these are the dates/timelines you need to be concerned about:

A: WP Visa stamp date
B: Entry to UK on WP Visa
C: WP Visa exp date
D: Date of application for extension
E: Extension visa start date
F: Extension visa exp date
G: 5 year anniversary (calculated from step 1 below).

Steps:
1. if (B minus A, excluding B itself) is less than 90 days, your 5 year count begins from A, otherwise it begins from B. Assign this 5 year date value to G above.

2. if D comes before C, then you do not have a 'gap'.

3. In your case, G should be at least same as or before F.

4. Your application window is the immediate 28 days prior to G, for an in-time application.

5. Your PEO Booking window opens exactly 42 days prior to your application window.

[simrun123]

Thank you so much for responding.

(I am otherwise definitely eligible as per link you sent.)

I have gone through your equations, but I am still not clear on what date i can apply for ilr. 'In your case, G should be at least same as or before F' which would mean my yr anniversary will be before current ext visa exp date which is 31/01/2013 so in that case you are saying i can apply for ilr before/on my current visa. but i haven't been in uk for 5 years, if you calculate my 5 yrs from 06/03/2008 - 06/03/2013 then minus 28 days i thought earliest would be 5th feb 2013?

based on my dates above pls can you confirm whether i can apply for ilr or it will have be extension? clarified dates below again clearly.

1.Work permit issued on A4 paper by UKBA on 19/02/2008

2.UK Entry Clearance Visa for work permit:
Valid from: 04/03/2008 - Valid Until: 31/01/2010

3.Actual Arrival Date in the UK 27/03/2008

4.Company filed for Extension in country- Biometric Residence Permit Card received: valid from 23/02/2010 - 31/01/2013

thank you, much appreciated.

____

[wpilr_nov12]

If you are otherwise eligible on all other grounds (read FAQ at http://www.immigrationboards.com/viewtopic.php?t=79378 ) to apply for ILR, these are the dates/timelines you need to be concerned about:

A: WP Visa stamp date 4/3/08
B: Entry to UK on WP Visa 27/3/08
C: WP Visa exp date 31/1/10
D: Date of application for extension
E: Extension visa start date 23/2/10
F: Extension visa exp date 31/1/13
G: 5 year anniversary (calculated from step 1 below). 4/3/13

Steps:
1. if (B minus A, excluding B itself) is less than 90 days, your 5 year count begins from A, otherwise it begins from B. Assign this 5 year date value to G above.

2. if D comes before C, then you do not have a 'gap'.

3. In your case, G should be at least same as or before F. TEST FAILED.

4. Your application window is the immediate 28 days prior to G, for an in-time application. 4 or 5 of Feb 13

5. Your PEO Booking window opens exactly 42 days prior to your application window.

Based on the current rules, You will not have valid leave at the time of your completing 5 years. So an extension might be necessary.[/b]

[manci]

I also reckon your current leave is not long enough to enable you to apply for ILR before its expiry. However, the shortfall is only 7 days. Suggest:
1.
send an emil to SettlementOpsPolicy@homeoffice.gsi.gov.uk just with the dates and ask if you can apply for ILR before the expiry of your leave on 31/01/2013:

WP Visa stamp date 4/3/08
Entry to UK on WP Visa 27/3/08
WP Visa exp date 31/1/10
Extension visa start date 23/2/10
Extension visa exp date 31/1/13

since you are only a few days short may be there is some concession that is not generally known

They usually reply quite promptly.
2.
If the reply is negative check if you are eligible to apply for an extension using the T2(W) form (there is no fee):

http://www.ukba.homeoffice.gov.uk/visas ... g/t2wform/

http://www.ukba.homeoffice.gov.uk/sitec ... onform.pdf

[simrun123]

Thank you so much you two for your kind response.

Manci; the first part of the visa was work permit based on the old style ICT.
it was then extended for 3 year in country under the tier 2 ict. so just making sure i do appear to qualify for this t2 w application, since it states your 'you must have previously been given permission to stay for less than 2 years as:
a Business and Commercial work permit holder (which includes ICT work permits)' so this was my first visa, and since it does not say you must have last been given leave as WP-ICT i should be fine, as my last/current visa is Tier2 ICT. If this works soon as qualify for ilr i.e. 7 days later will apply for ILR PEO.

Do you know if there is same day appointment PEO for TIER 2 W, ive tried looking for info.

Once again Nanci your a starrrrrrrrrrrr..god bless

[manci]

Thank you so much you two for your kind response.

Manci; the first part of the visa was work permit based on the old style ICT.
it was then extended for 3 year in country under the tier 2 ict. so just making sure i do appear to qualify for this t2 w application, since it states your 'you must have previously been given permission to stay for less than 2 years as:
a Business and Commercial work permit holder (which includes ICT work permits)' so this was my first visa, and since it does not say you must have last been given leave as WP-ICT i should be fine, as my last/current visa is Tier2 ICT. You had less than 2 years leave as a B&C WP holder, so you satisfy this requirement. I would still send the email I suggested in my previous post. If this works soon as qualify for ilr i.e. 7 days later will apply for ILR PEO.

Do you know if there is same day appointment PEO for TIER 2 W, ive tried looking for info. It is on the cover page of the T2(W) form - you can only apply by post. Search the forum for timelines.Once again Nanci your a starrrrrrrrrrrr..god bless