what date to use to apply for ILR work permit grant or LR Dt

[tom_hungston]

Hi Everyone,

I want to know what date to count 4 years 11 months to aply for ILR.
is it from the date when my work permit was granted or from the leave to remain was granted...?

student visa leave to remain expiry Oct 2005,
Work Permit granted on 18/07/2005 (stamped on the workpermits UK letter.)
further leave to remain granted on 15 Sept 2005.

so do I count 4 years 11 months from July 2005 or from Sept 2005...?
If anyone know what page to look at on the UKBA website then please send me direct link to the article. your help is much appreciated.

Any help from all you Immigration Law Experts would be much appreciated.

Thank you
Tom

[magsi23]

Your qualifying period starts from the date you receive FLR stamp on your passport ie 15 Sept 2005, so you can apply 28 days before that date.

[tom_hungston]

Your qualifying period starts from the date you receive FLR stamp on your passport ie 15 Sept 2005, so you can apply 28 days before that date.

thank you very much for your fast response MAGSI23.

Much appreciated.

[tom_hungston]

If anyone can post a link to UKBA website to confirm which date to start counting 5 years from would be much much much appreciated.


Thanks very much in advance guys.

[taliska]

Use the date on the stamp in your passport

[vinny]

If anyone can post a link to UKBA website to confirm which date to start counting 5 years from would be much much much appreciated.


Thanks very much in advance guys.

134(i).

[tom_hungston]

If anyone can post a link to UKBA website to confirm which date to start counting 5 years from would be much much much appreciated.


Thanks very much in advance guys.

134(i).

Thank you Vinny for the link. I have had a look at the whole page especially section 134 and can't seem to establish when to start 5 years from, would it be date on the work permit granted document or would it be the date on the visa stamp...?

Sorry to be pain in the b**t guys

and Thank you very much as always.

[tom_hungston]

Here is the Indefinite leave to remain guidance ON UKBA site section 134 as mentioned by vinny earlier.


Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:

(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);

(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;

(iii) he is still required for the employment in question, as certified by his employer; and

(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

[vinny]

i.e. Your qualifying period started when you were in the UK and had leave as a work permit holder (15 Sept 2005).

[RichardBronestone]

So the qualifying period started from 15 September 2005, so 28 days before fulfilling 5 years that will be 18 Aug 2010...
If the work permit was issued in July 2005, assuming it's a 5 years work permit then it would have expired by July 2010, before you can apply for the ILR?

Is this an issue and can anybody please advise?

Cheers

[marymaar]

So the qualifying period started from 15 September 2005, so 28 days before fulfilling 5 years that will be 18 Aug 2010...
If the work permit was issued in July 2005, assuming it's a 5 years work permit then it would have expired by July 2010, before you can apply for the ILR?

Is this an issue and can anybody please advise?

Cheers

I thought the student visa counts for ILR doesnt it? ive been in the uk 5 years , 2 of which as a student...and was hoping to apply for settlemnt now...

[tom_hungston]

I thought the student visa counts for ILR doesnt it? ive been in the uk 5 years , 2 of which as a student...and was hoping to apply for settlemnt now...

marynmar,

Student visa donesn't count towards ILR, so you'll have to wait till you qualify which is 5 years time. I know its upsetting but its the truth my friend. I've been there and I know how it feels.

Regards
[/quote]

[tom_hungston]

I was already in the UK with leave to remin as a student,
work permit document was isssued on 7th July 2005, as I already had leave to remain till september 2005 I didnt applied for further leave to remain till end of august 2005, got 5yr FLR stamp on 15th september 2005,

I was already in the UK since 2002 and havent left UK for more than 20 days every year.

Should I still go with the date of my final leave to remain stamp(15sept2005) or should I go with the date when my work permit was issued(07july2005)....?

Your help is always much appreciated guys.

[Wanderer]

So the qualifying period started from 15 September 2005, so 28 days before fulfilling 5 years that will be 18 Aug 2010...
If the work permit was issued in July 2005, assuming it's a 5 years work permit then it would have expired by July 2010, before you can apply for the ILR?

Is this an issue and can anybody please advise?

Cheers

I thought the student visa counts for ILR :( doesnt it? ive been in the uk 5 years , 2 of which as a student...and was hoping to apply for settlemnt now...

Nope - ten years if on student visa or five years on WP/HSMP and cannot be mixed.

[tom_hungston]

So the qualifying period started from 15 September 2005, so 28 days before fulfilling 5 years that will be 18 Aug 2010...
If the work permit was issued in July 2005, assuming it's a 5 years work permit then it would have expired by July 2010, before you can apply for the ILR?

Is this an issue and can anybody please advise?

Cheers

I thought the student visa counts for ILR doesnt it? ive been in the uk 5 years , 2 of which as a student...and was hoping to apply for settlemnt now...

Nope - ten years if on student visa or five years on WP/HSMP and cannot be mixed.

True about student bit, however would like to correct, 5yr on WP and HSMP, can mix if your on WP and then convert it to HSMP, but not other way around.

[tom_hungston]

can any one please reply to my question, the third one above this post.

[PaperPusher]

We have answered you.

You first had leave as a work permit holder in September. The time as a student with leave to remain as a student is not leave to remain that counts for ILR from a work permit.

Your qualifying period starts from the date of the stamp as a work permit holder.

[tom_hungston]

Thanks PaperPusher,

so does that means that I have to renew my work permit in July 2010 again...? or can I still apply for ILR in August 2010...?

Your help it much appreciated.

We have answered you.

You first had leave as a work permit holder in September. The time as a student with leave to remain as a student is not leave to remain that counts for ILR from a work permit.

Your qualifying period starts from the date of the stamp as a work permit holder.

[tom_hungston]

Could someone please let me know if I need to renew my WorkPermit before I apply for ILR...?

Thanks.

[MPH80]

It's quite simple to work out.

Does your work permit expire before the qualifying period for ILR starts?

If the answer is yes, then yes you need to renew or you'd be illegal here and the clock would start again.

(i) he has spent a continuous period of 5 years lawfully in the UK