Unusual/Critical Situation - ILR application

[jbinuk]

Hi,

I just wanted to know if anyone can give advice regarding my wife's situation who is currently a work permit holder.

As the ILR application rule says, ILR application can be made as early as 28 days before 5 years of FLR, my wife should be able to lodge an ILR application as early as April 19 (she arrive in UK May 16'02). However, her work permit due to end on April 25 and her FLR is valid until end of 2007. We are quite worried that she will have problems with her application considering her work permit will end prior to 5 years.

I think it would be ridiculous if HO will refuse her application and say that her WP is ending before May16'07 and that her employer need to extend it first before making an ILR application.

Anyone have encountered such situation?

[stedman]

I haven't encountered this before but my advice is to make an in person application on the 19th of April, if you/she can afford it. That's what I'd do anyway.

[vin123]

I dont see this as a critical situation at all.
Worpermit may end on April 25, but if you are eligible, then there is nothing stoping you from getting an ILR on April 19th itself.
Keep it cool & Goodluck !.

[jbinuk]

Thanks for all your reply..

Yeah, that is what I told her to do as well..but you know these people from HO..sometimes they interpret the rules like gradeschool pupils..You just dont know how they will assess your application until you finally get there..

Whenever you call them and ask for advice, they always give you a different answer and just before you they hughup the phone, they will immediately comment: 'But it's up to the caseworker's assessment when you make your application'..oh well, very helpful indeed.

[Docterror]

I would take the optimism with a pinch of salt, and do try your level best to take other documents (if possible) other than the certified letter from your wife's employer to convince the caseworker that she is still required for the employment in hand. Cant be really sure how the caseworker will interpret that requirement until after you cross it.

[jbinuk]

I adviced her to book an appointment on or after April 19 but before expiration of WP (April25) just to be sure that she applies before WP expires. And guess what H told her..She was told that she can only call and book an appoinment starting April 19 (28 days before May19). Well, actually when she called HO, she initially asked if she can now book an apointment for April19..so I asked her to call again but just ask for an appointment and dont ask anything else.

This another proof that these HO people do not know what they are talking about. The rule is crystal clear that you are eligible to apply within 28 days prior to your 5th year! And yet they told her that she can only call and make an appointment when that 28days commences. What a shame! They charge us so much for the service and yet they cannot deliver quality service and misleading information! and now they have doubled the fees!

[Movado]

You're going to have to lie about when your 5 years ends so that you get the appointment you want. I had the same problem and i called back and told a "white" lie. So long as you're eligible on the appointment day you wont have a problem. Bring your 5 years qualifying period forward by 2 weeks when you call! It worked for me and a few others I personally know of!

I adviced her to book an appointment on or after April 19 but before expiration of WP (April25) just to be sure that she applies before WP expires. And guess what H told her..She was told that she can only call and book an appoinment starting April 19 (28 days before May19). Well, actually when she called HO, she initially asked if she can now book an apointment for April19..so I asked her to call again but just ask for an appointment and dont ask anything else.

This another proof that these HO people do not know what they are talking about. The rule is crystal clear that you are eligible to apply within 28 days prior to your 5th year! And yet they told her that she can only call and make an appointment when that 28days commences. What a shame! They charge us so much for the service and yet they cannot deliver quality service and misleading information! and now they have doubled the fees!