ILR or Extend WP?

[krish.venugopal]

Hi,

Question for a friend of mine, If one has come into the country illegally and later obtained a WP/HSMP and stayed on legally and on completing 5 years and then applies for ILR will the Home Office verify her previous records?

Or will they consider the period of stay only from the WP/HSMP start date?
Please advice, this would help her plan her future here... Maybe instead of applying for ILR, then she can extend her WP for another few years and continue working here.

Any advice much appreciated.

[krish.venugopal]

Could someone please reply.

[republique]

I dont think people are so psyched to hear about entering illegally.

5 years for ILR applies to when you started your wp, illegal stay usually counts for ILR only after 10 years of residence

If you looked at the form you would see it

[krish.venugopal]

Thanks,

One need not worry about the status before the WP, and once she completes her 5 year stay on WP she can apply for ILR provided she fulfils that 5 year continues stay criteria.

Is my understanding correct.

Cheers

[republique]

Thanks,

One need not worry about the status before the WP, and once she completes her 5 year stay on WP she can apply for ILR provided she fulfils that 5 year continues stay criteria.

Is my understanding correct.

Cheers

I wouldn't say that. I'd ask the hO that question

[Administrator]

.

What it will come down to is if Immigration determines she was in the country illegally at any point. No matter her other legal status at any other time(s), this fact can be used to block or deny any visa.

A very careful review of all records & documents regarding her stay is necessary. You must determine if there is any government record of her entry or stay, and you must determine the exact dates. If you make an application for any visa type or ILR or etc. etc., and you present false or misleading information during any part of the process, the moment you get caught it will be a tragedy.

For minor offenses, there are possible work-arounds. For major ones, banned from the country for three to ten years is pretty much the beginning; permanent ban is also possible.

For the five-years rule, it needs to be five years of legal residency, and must obey limitations about being in the UK or being out for too long.

the Admin

[krish.venugopal]

Thanks all,

I think she came in to the country initially on a WP, later due to some problems that company had to close down and she had to return back to her country of origin, she i think was sent a P45 from her first company.

She used the same WP Visa to get back into the country and then her new employer applied for a new WP and then she has been living here legally

Probably will advice her to take the help of a solicitor for any further extensions or for the application of ILR.

Many Thanks