Visa stamp date and entry date gap, am I eligible for ILR ?

[hdravid]

Hi, this is my situation:

Work permit visa stamped on 15th Sept 2006
(employer sponsored - 5 yr visa)
Entered UK on 18th Nov 2006

I have been working with the same employer since then. My visa expires on 15th Sept 2011, and I will not have completed 5 years in the UK by then - I'll need 2 months and 3 days more to complete 5 years.

Am I eligible to apply for ILR ? If no, then what will I have to do to apply for ILR?

Many thanks,
H

[geriatrix]

In some cases, applicants may have been granted 5 years continuous leave, but will not have spent 5 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 5 years, provided this period was not longer than 3 months.

Though this excerpt is from Tier 2 & Tier 5 settlement IDI guidance but please note that Tier 2 or Tier 5 leave is not (and perhaps never was) granted for continuous 5 years. IMHO, the text is in context of WP migrants who were granted 5 years continuous leave but delayed their entry to UK by up to 3 months.

Assuming no changes until Sep. 2011, you should be able to apply for settlement without the need to apply for an extension under Tier 2 provided you were issued 5 years continuous leave on 15-Sep-2006.


regards

[hdravid]

A friend of mine applied for ILR (in person) on the 4th of April 2011.
His case was quite similar to mine, but he only has a gap of 15 days between date of work permit stamped and date of entry into UK. Like me, he has worked for the same employer throughout the entire period.

Work permit visa stamped on 1st May Sept 2006
(employer sponsored - 5 yr visa)
Entered UK on 15th May 2006

He had an appointment booked for the 4th of April (Birmingham), but when he submitted his papers on that day, he was told that he will have to come back on a later date , and was given another appointment for the 20th of April.

Now if his 15 days gap was not considered, I am assuming that my 2 month gap will definitely not be considered. Or does the para 5.2 apply only when you apply via post ?

I also have my family here (wife n 2 kids - all of them have been here for more than 2 years - all on dependent visa). Could someone please guide me through what would be the best way for me to proceed?
Many thanks
H

[geriatrix]

You haven't stated why your friend was asked to attend the appointment on another day. Are you just assuming that it was for the reason(s) you suspect?

AIUI, applications are accepted and decision deferred when caseworker needs further clarification regarding the case / any further verification(s) required. Decision in such cases are then communicated by post.

[hdravid]

Thanks for the quick reply, sudhdmehta.

No, he was told by the case worker that she wasnt able to enter his application into the system because of the 15 day gap. She checked the passport for the date of 1st entry.
She also did tell my friend that if he wished to, she could make it a postal application then and there. But he didn't go for postal coz he wanted it at the earliest.

[geriatrix]

Requirements for settlement under a given immigration category are the same for all irrespective of the method of application used. So, it is not that this discretion will only be allowed if the applicant applies by post.

As for the deficiency in their IT systems - which does not let caseworkers input information in line with internal guidance - is another matter .. to be dealt with and answered by UKBA only.

[lalit715]

Hi hdravid,

Referring to your earlier reply for the below. I have a similar case with difference between the visa stamping & entry date being 33 days. Can you please advise the following:-

What was the main reason of refusal for your friend on 4th April?
The document link below (section 5.2) clearly indicates the requirements in this case.
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary


Also he was given another date of 20th April which was still 10 days short of his entry date of 1st Sept? I am wondering if 28days 'before' rule was considered? Did he pay twice for the re-appointment fee?

My data is:

Work permit visa stamped on 07 March 2007
(employer sponsored - 5 yr visa)
Entered UK on 10th April 2007

My five years of continuous stay should be completed on 07 March 2011 and with 28days rule I am planning to apply for ILR around mid Feb. I would delay my appl. depending on your response.

Thank you in anticipation.


________________________________________
hdravid
PostPosted: Tue Apr 05, 2011 1:23 pm Post subject:
A friend of mine applied for ILR (in person) on the 4th of April 2011.
His case was quite similar to mine, but he only has a gap of 15 days between date of work permit stamped and date of entry into UK. Like me, he has worked for the same employer throughout the entire period.

Work permit visa stamped on 1st May Sept 2006
(employer sponsored - 5 yr visa)
Entered UK on 15th May 2006

He had an appointment booked for the 4th of April (Birmingham), but when he submitted his papers on that day, he was told that he will have to come back on a later date , and was given another appointment for the 20th of April.

Now if his 15 days gap was not considered, I am assuming that my 2 month gap will definitely not be considered. Or does the para 5.2 apply only when you apply via post ?