ILR eligibility - Confused & frustrated please help!

[pawant]

Can anyone confirm when I can actually apply for my ILR please. Have been working in UK since Nov 2007 for the same employer and same location

1st Entry in UK - Nov 2007, work permit has Multiple entry mentioned on the box
Planned to get married in Sept 2008 and my employer told I need to change my WP to bring my dependent along. New paper WP issued June 2008 while in UK. Went back to India in Sep 2008 on annual leave got married applied for visa stamping in VFS office and got the visa stamped 3rd Oct 2008 and landed back in UK on 18th Oct 2008. Applied for extension under Tier 2 ICT Est Staff approved until Oct 2012. Last extension approved Oct 2012 and my current visa runs out Oct 2014.

When would my 5 years eligibility complete? Some people have told me I’m eligible now as I have stayed here more than 5 years and some say MEWP is not counted towards ILR and few other say since my ICT Tier 2 was approved after April 2010 I wont be eligible. I would appreciate if someone could guide me correctly please

[manci]

1st Entry in UK - Nov 2007, work permit has Multiple entry mentioned on the box

what box? On the stamp in the passport or on the Work Permit itself? What are the exact words?

[pawant]

On the work Permit not on the Passport

[manci]

A MEWP is not a "qualifying work permit" and time under it doesn't count for ILR. See page 6 here: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary
and Immigration Rule 245GF(b)(ii)

Was your June 2008 work permit also a MEWP and how long was it valid for?

What visa did you get on 3rd Oct 2008?

The fact that your last extension was issued after April 2010 has no bearing on ILR provided you have spent a continuous period of 5 years in the UK and your absences did not exceed 180 days in any of the five 12 month periods counnted back from the date of the ILR application.

What is the expiry date of your current leave?

[pawant]

Was your June 2008 work permit also a MEWP and how long was it valid for?

I don’t think so it was MEWP as I could bring my wife as dependent and “Multiple Entry” is not mentioned paper WP. She has been herself working since 2008. This visa was valid until Oct 2010 and then it was Tier 2 Est Staff

What visa did you get on 3rd Oct 2008?

I think it was called ICT as informed by my employer as I could not bring my dependent without it.

What is the expiry date of your current leave?
My current leave expires Oct 2014

I have been with the same employer same location since 2007 and have not been out of UK for more than 180 days[/u]

[manci]

Was your June 2008 work permit also a MEWP and how long was it valid for?

I don’t think so it was MEWP as I could bring my wife as dependent and “Multiple Entry” is not mentioned paper WP. If "Multiple Entry" does not appear on the wp then it wasn't MEWP She has been herself working since 2008. This visa was valid until Oct 2010 and then it was Tier 2 Est Staff

What visa did you get on 3rd Oct 2008?

I think it was called ICT look in your passport as informed by my employer as I could not bring my dependent without it.

What is the expiry date of your current leave?[/i]
My current leave expires Oct 2014

I have been with the same employer same location since 2007 and have not been out of UK for more than 180 days[/u]

You will be eligible for ILR, the only question is whether the 5 year period is counted from the date of your June 2008 wp or from your 18 Oct 2008 arrival in the UK. It is not clear why you applied for and got a new visa in Oct 2008 when you had a valid work permit which allowed you to travel in/out of the UK.

[pawant]

Thank you Manci, I was told that I had to apply for ICT WP as it was the only way I could bring my wife to UK with me as dependent and more over I had completed more than 6 month in the organisation.

Calculating the continuous period is confusing, if for example it is counted from 18th Oct then can I apply for ILR at a PEO on 20th September (28 days before)?

[manci]

Thank you Manci, I was told that I had to apply for ICT WP as it was the only way I could bring my wife to UK with me as dependent and more over I had completed more than 6 month in the organisation. The changeover from work permits to the PBS took place in Nov 2008. It may be that all you had was the addition of your dependants to your existing leave and because the system changed it was no longer a work permit but a T2 ICT visa. However, it is not possible to give a definitive answer without seeing all your immigration documents.

Calculating the continuous period is confusing, if for example it is counted from 18th Oct then can I apply for ILR at a PEO on 20th September (28 days before)? That is right, no confusion here. One can apply 28 days before the date when one becomes eligible for ILR.