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ILR ELIGIBILITY

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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waqas.sabir
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ILR ELIGIBILITY

Post by waqas.sabir » Thu Aug 16, 2012 7:39 pm

Hi All

I want to enquire about my friend. He got UK work permit stamped in his passport on 31/03/2008 but he travelled to UK after two months approx because of domestic reasons and he arrived in UK on 04/06/2008. He then switched to tier 2 general because he changed his employer in 2010 and his tier 2 started from 06/04/2010 which will expire on 06/04/2013. My question is will he qualify for 90 days relaxation period of travelling late?? or he needs to apply for an extension for two months before applying for ILR.
Thanks

cs95tdg
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Location: London

Post by cs95tdg » Thu Aug 16, 2012 7:50 pm

If he entered within 3 months of his WP EC then yes, the 3 month concession will apply to him. His residence in the UK on both the initial WP & subsequent Tier 2 General visa will be aggregated and used towards his 5 year residency required to apply for ILR as an economic migrant.

Srinivas84
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Location: London
United Kingdom

Post by Srinivas84 » Thu Aug 16, 2012 8:24 pm

Try to get an appointment in Croydon if applying via Premium service. Case Workers in other PEO's are not aware of this EC date and Entry Date and there are chances that the case may fail validation.

waqas.sabir
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Posts: 26
Joined: Fri Dec 31, 2010 9:16 pm

Post by waqas.sabir » Sun Aug 19, 2012 9:00 pm

my only concern is I have read somewhere that if applicant has changed immigration category then 3 month concession will not be applicable. Am I right in assuming that WP to tier 2 is not a category change it could be if he had changed to tier 1 for example... Is premium service best option or post service I have spoken with a solicitor he is saying postal will be safe because by the time they will start working on the case the gap will become more less (gap between EC and travelling date is approx 60 days at the moment).

Guys your replies will be appreciated. Many thanks.

cs95tdg
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Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Sun Aug 19, 2012 9:23 pm

waqas.sabir wrote:my only concern is I have read somewhere that if applicant has changed immigration category then 3 month concession will not be applicable..
That's not quite correct. The 3 month concession only applies to those whose 5 year residency period began with an Economic migrant EC visa (this could be in any of the work visa immigration categories which lead to ILR). The reason is the concession is given for delayed entry into the UK.

The concession doesn't apply to those whose 5 year residency began by switching from a non-economic migrant immigration category into one because Entry clearance doesn't apply here, i.e. because you can only switch immigration categories while you are in the UK. E.g. PSW to Tier1/Tier2 (in-country).

If you entered the UK on your WP EC then this 3 month concession will apply to you. Additionally the fact that you switched to Tier 2 after that will not be an issue.
waqas.sabir wrote:Is premium service best option or post service I have spoken with a solicitor he is saying postal will be safe because by the time they will start working on the case the gap will become more less (gap between EC and travelling date is approx 60 days at the moment).
IMHO, you have nothing to worry about. You can apply either in-person at a PEO or by post as you wish.

See CW guidance for further info:
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to delayed travel will not have spent five years continuously in the UK before their current leave expires. Caseworkers may count the period between entry clearance being granted and the date the applicant entered the UK towards the five years, provided this period was not longer than three months.

waqas.sabir
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Posts: 26
Joined: Fri Dec 31, 2010 9:16 pm

Post by waqas.sabir » Mon Aug 27, 2012 5:48 pm

thanks you for your reply.

One more question do we need to show compassionate grounds like medical or something to give the reason for late arrival in UK or don't need to say anything and simply apply... your reply will be appreciated.

cs95tdg
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Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Mon Aug 27, 2012 8:03 pm

waqas.sabir wrote:thanks you for your reply.

One more question do we need to show compassionate grounds like medical or something to give the reason for late arrival in UK or don't need to say anything and simply apply... your reply will be appreciated.
No evidence is required. The 3 month concession is prvoided to allow applicants a reasonable amount of time to make arrangements in their home country to relocate.

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