When does the 4 year clock starts exactly?

K2004 · Post by **K2004** » Mon Jul 26, 2004 10:31 am

Hi,,

how would i know when i am elegible to apply for ILR ? is it:

- 4 years from the day my employer recieved a leter saying (application is approved, the passport is in home office now ) ?

or

-from the day I received back the stamped passport?

or

- from the day the passport stamped eventhough it is after 2 weeks from the wp approval?

before, WP people used to send the approval letter to the employer then forward the passport and the WP to the home office.. I think it should be from the day they send the approval... (it is earlier)

Obviously I know that the correct answer is from the day i started working, but i was already working for that employer aunder TWES arrangement...

thanks

Kayalami · Post by **Kayalami** » Mon Jul 26, 2004 11:03 am

Date stamped on the passport.

tibs · Post by **tibs** » Mon Jul 26, 2004 3:40 pm

Advance apologies for being thick.

By date on passport you meant :

a. Date on which visa is approved and stamped on the passport in your home country (or)

b. Date on passport of first entry into the UK

Thanks in advance.

tibs

mwaitojofu · Post by **mwaitojofu** » Mon Jul 26, 2004 4:33 pm

b. Date on passport of first entry into the UK

K2004 · Post by **K2004** » Mon Jul 26, 2004 5:19 pm

not sure what you mean,

certainly not date visa stamped in my country because that was a student visa.. what i understand from Kaya's responce is the date when home office approved the Work permit and stamped the passport accordingly before posted it back to my employer... if you got the WP from abroad then you better check... i think it should be from date you entered the country.... not sure.

mwaitojofu · Post by **mwaitojofu** » Tue Jul 27, 2004 10:45 am

K2004,

Sorry for answering tibs' post instead of your post.

The correct date is the date your passport is stamped and not the date
your WP ( application) is approved.

I heard before in this forum that time spent on TWES also can be included in the magic number three years and eleven months.

George.

Kayalami · Post by **Kayalami** » Tue Jul 27, 2004 11:02 am

There are two scenarios here:

1. A person applies for their WP visa overseas. Their visa is valid as per stated dates ie. from date a to date b = validity of WP. Their clock counter for ILR purposes starts from the date they enter the UK - the Immigration Officer stamps their visa with an admission stamp with corresponding date. Obvious issue here is if you delay your entry into the UK you need to make up the 'time to ILR' shortfall in future likely by getting a new WP and corresponding WP FLR.

2. A person who applies for WP FLR in the UK - their clock counter for ILR purposes starts from the date the Home Office stamp their passport with the WP FLR.

3. Amalgamation/ consideration of time on TWES with that on a standard WP for issuance of ILR is a concession outside the rules - I expect it to be discontinued on 1 October 2004 with the implementation of the new rules in switching and the restriction of a 'concessionary' approach in caseworking.

Hope that helps.

K2004 · Post by **K2004** » Tue Jul 27, 2004 1:38 pm

hi Kayalami,

could you explain more the point number 3?

i have tried before to apply for ILR on basis 2 yrs TWES and 2 yrs WP, the imigration officer in croydon, said that i cannot apply now,, becuase she seen in my hand the TWES permits... she said that they are counted like student visa... i wish i didnt show it to her...

now i am almost 2 yrs TWES + 4 yrs WP

thanks

Kayalami · Post by **Kayalami** » Tue Jul 27, 2004 1:49 pm

What I mean is that those who have had ILR granted on the basis of time on TWES and WP basis have been lucky either by:

1. The caseworker making an error.

2. The caseworker realising that there is a TWES component in the application but deciding to approve it for reasons best known to themselves i.e. as a concession outside the rules. The only time I have been aware of this happening is where Work Permits UK had issued a TWES in error despite the original WP application requesting for a standard WP.

Caseworkers are now under intense scrutiny when approving applications on a concessionary basis. It is already an informal policy but will be formal/ in the public eye as notified from 1 October 2004.

I hope that helps.

AlexCh · Post by **AlexCh** » Thu Oct 07, 2004 5:09 pm

Kayalami wrote:There are two scenarios here:

1. A person applies for their WP visa overseas. Their visa is valid as per stated dates ie. from date a to date b = validity of WP. Their clock counter for ILR purposes starts from the date they enter the UK - the Immigration Officer stamps their visa with an admission stamp with corresponding date.

You forgot about one more possible situation - a person can apply for WP visa in Rep. of Ireland - in this case their visa will NOT be stamped on their arrival to the country.

This is my situation and I do not have a clue how they are going to calculate my 4 years - which is due in January 2005.

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When does the 4 year clock starts exactly?

When does the 4 year clock starts exactly?