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Work Permit 4 years ILR ?

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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wp-t4-t2
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Joined: Tue May 21, 2013 9:54 pm

Work Permit 4 years ILR ?

Post by wp-t4-t2 » Tue May 21, 2013 10:36 pm

Hello
I moved to UK in Sept 2005 on work permit (2years) and on that permit it was written the settlement elligibility as continuous stay of 4 years. In 2006 I changed visa to another work permit which was valid until 2012.

Bad luck was that after 4 years of continuous stay (from Sept 2005 to Nov 2009), in Nov 2009 I was made redundant. Therefore I changed my visa as a student visa in Nov 2009 and went for Master Degree. In 2011, I switch over to Post Study visa and in 2012 back to Tier-2 visa which is now valid until 2015.

I feel better to regain my old status but feeling sad that lost my 4 years for ILR and now clock again start for 5 years ILR/ 10 years ILR

This site is really a place of hope for so many people and family

My question - Is there a way by which I could be elligible for ILR based on the rule of 4 years settlement at the time of my entry in the UK?

I know HSMP can be but I was on work permit.

One more point to add that since sept 2005 all the time my 2 kids and wife are with me and they have spent more than 7 years in the UK if this can help to put a case for ILR

Looking for your help and advices please.

Thanks

kiranchinnu
Member of Standing
Posts: 364
Joined: Thu Jan 14, 2010 2:47 pm

Re: Work Permit 4 years ILR ?

Post by kiranchinnu » Wed May 22, 2013 4:08 pm

wp-t4-t2 wrote:Hello
I moved to UK in Sept 2005 on work permit (2years) and on that permit it was written the settlement elligibility as continuous stay of 4 years. In 2006 I changed visa to another work permit which was valid until 2012.

Bad luck was that after 4 years of continuous stay (from Sept 2005 to Nov 2009), in Nov 2009 I was made redundant. Therefore I changed my visa as a student visa in Nov 2009 and went for Master Degree. In 2011, I switch over to Post Study visa and in 2012 back to Tier-2 visa which is now valid until 2015.

I feel better to regain my old status but feeling sad that lost my 4 years for ILR and now clock again start for 5 years ILR/ 10 years ILR

This site is really a place of hope for so many people and family

My question - Is there a way by which I could be elligible for ILR based on the rule of 4 years settlement at the time of my entry in the UK?

I know HSMP can be but I was on work permit.

One more point to add that since sept 2005 all the time my 2 kids and wife are with me and they have spent more than 7 years in the UK if this can help to put a case for ILR

Looking for your help and advices please.

Thanks

I can understand where your coming from but I dont think you have chance to get ILR on ur old WP basis. I have read somewhere that children who spent 7 years in UK are eligible for ILR (not sure pls cross check)
Information provided is general guidance and does not constitute legal advice.

MP1982
Junior Member
Posts: 88
Joined: Wed Oct 24, 2012 1:17 pm
Location: United Kingdom

Post by MP1982 » Thu May 23, 2013 1:43 pm

Just out of interest , is there any reason why you didnt apply for ilr in Sep 2009 if you were qulified after 4 years?

Rgds,
MP

wp-t4-t2
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Posts: 5
Joined: Tue May 21, 2013 9:54 pm

Work Permit 4 years ILR ?

Post by wp-t4-t2 » Sun Jun 16, 2013 9:56 pm

I had understanding that it is 5 years for ilr and latter on thinking when I enter in the UK it was 4 year so any chance to consider my ilr on that basis.

Please any senior member can advise me about visa extension on the basis of kids stay in 7 year continuously if I get redundancy again in the future.

TheGreenTea
Member
Posts: 131
Joined: Tue Feb 19, 2013 5:56 pm

Post by TheGreenTea » Mon Jun 17, 2013 10:14 am

This 7 year thing theme keeps popping up - I have never heard of it and nowhere on the UKBA website it states that if you complete 7 years you can apply for ILR via a known route.
If there were such cases, I would imagine they were discretionary leave.

It has to be 5 years on the WP or 10 years of lawful, continuous stay.
You can't apply on the past basis - you have only completed 4 years on the work permit. Also, post study work visa does not count towards 5 years on WP but does count towards 10 years stay.

If you get redundant again then call up UKBA and see if you can apply for discretionary leave. ( I understand the frustration of being dependent on your work!). Also, you will have 28 days (i think) to find a new job.
Discretionary leave

If we do not recognise you as a refugee or a person who qualifies for humanitarian protection, we may give you another type of temporary permission to stay in the UK. This permission is called 'discretionary leave to remain'. How long you are allowed to stay will depend on your circumstances, but it is unlikely to be more than three years initially.

We will only give you discretionary leave to remain in limited circumstances. If you apply to renew it when it expires, we will review your circumstances before deciding whether to give you further permission to stay. See Active review for more details. You will not be able to apply for permanent residence until you have lived in the UK for at least six years (or 10 years in some cases). To extend your residence permit or apply for permanent residence, you will need to complete application form DL - see Extend your visa for more information.
http://www.ukba.homeoffice.gov.uk/asylu ... etoremain/

wp-t4-t2
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Joined: Tue May 21, 2013 9:54 pm

Work Permit 4 years ILR ?

Post by wp-t4-t2 » Mon Jun 17, 2013 10:53 pm

Thanks for url that have good information.
The point is not ilr on the basis of 7 years continuous stay. If we get visa extension for 30 months on the basis of 7 years kid stay in the uk, we all come in 10 year ilr rule. My point is if redundancy occurs in future whether we will be eligible for 30 months visa extension on family basis or not ? please share any senior member experience on this.
regards

TheGreenTea
Member
Posts: 131
Joined: Tue Feb 19, 2013 5:56 pm

Post by TheGreenTea » Tue Jun 18, 2013 1:39 pm

Do any of your children have British citizenship or settled in the UK? (i.e. have ILR)
If not, then you are not eligible for visa extension on family basis.
Rules are clearly outlined here:
http://www.ukba.homeoffice.gov.uk/visas ... d/parents/
To qualify under this route you must be the parent of a child who is:

- under the age of 18 on the date you apply;
- living in the UK; and
- a British citizen or settled in the UK.

wp-t4-t2
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Work Permit 4 years ILR ?

Post by wp-t4-t2 » Thu Jun 20, 2013 10:32 pm

Thank you very much- you are right that route is closed for me

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