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permanent residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

bunny123
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permanent residence

Post by bunny123 » Sun May 02, 2010 3:29 pm

Could anyone advise me of what time of the year in 2011 i should be applying for permanent residency.
My work permit was granted for 5 years in July 2006 and leave to remain is stamped on passport till October 2011. so do i need to apply for PR in june-july2006 or in september-october 2011. And do i need to take any life in uk test.
Thanks.

dimsav
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Re: permanent residence

Post by dimsav » Sun May 02, 2010 3:33 pm

bunny123, when exactly did you enter into the UK?
You do need to pass KOL test, anyway.

bunny123
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PR

Post by bunny123 » Sun May 02, 2010 4:57 pm

Thanks for the prompt reply,
I was on a student visa from 2003 before i got this work permit on 28 july 2006, n do the new earned citizenship rules going to come into effect as i hear they are going to come into affect from july 2011.
thank u very much..

dimsav
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Re: PR

Post by dimsav » Sun May 02, 2010 5:12 pm

You may apply 28 days before the end of the qualification period of 5 years.
Since you were already in the UK on 28 July, you are eligible to apply on 30 June 2011 - be happy, the new rules should not affect you...

bunny123
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thank u

Post by bunny123 » Sun May 02, 2010 11:24 pm

thank u very much..

bunny123
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PR

Post by bunny123 » Mon May 03, 2010 10:27 am

thanks dimsav for the above advice but will it be 30th june or 1st july to apply for PR, if my WP of 5 years would expire on 28th july 2011. is it to be counted backwards from 28th or 27th july.. and any idea what date in july 2011, the new rule of earned citizenship is going to be introduced.
and what is the difference between KOL and life in the uk test, does it have any validity period.
thanks again for your valuable advice.

senthil78
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Re: PR

Post by senthil78 » Mon May 03, 2010 10:54 am

bunny123 wrote:Thanks for the prompt reply,
I was on a student visa from 2003 before i got this work permit on 28 july 2006, n do the new earned citizenship rules going to come into effect as i hear they are going to come into affect from july 2011.
thank u very much..
When did you get your leave to remain in the capacity of work permit?

bunny123
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PR

Post by bunny123 » Mon May 03, 2010 11:40 am

My leave to remain is till october 2011, my workpermit was approved on 28 july 2006 and leave to remain was granted/stamped on my passport in october 2006.

geriatrix
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Re: PR

Post by geriatrix » Mon May 03, 2010 11:44 am

bunny123 wrote:My leave to remain is till october 2011, my workpermit was approved on 28 july 2006 and leave to remain was granted/stamped on my passport in october 2006.
The residential qualifying period for ILR does not depend on the date of issue of work permit but on the date of entry in the UK (when an EC is applied for from outside the UK) or the date of issue of limited leave to remain (when application is made from within the UK).

Since your leave to remain was stamped in October 2006, you will be eligible for ILR only in October 2011 and therefore new rules (earned citizenship) will affect you.

regards

senthil78
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Re: PR

Post by senthil78 » Mon May 03, 2010 12:12 pm

I agree with sushdmehta, need to have 5 years valid leave to remain in the capacity of work permit to qualify for ILR.

bunny123
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PR

Post by bunny123 » Mon May 03, 2010 12:41 pm

Indefinite leave to remain: As with other employment-based categories, individuals who have spent five continuous years in the UK as a work permit holder will usually become eligible for indefinite leave to remain ("ILR"), subject to meeting all the relevant criteria.

I was already working with my employer in uk when my Workpermit was approved as i was on a student visa at that time, so the time is counted from the time the work permit was given. pls dont mislead others. we r already stressed with so many things.

dimsav
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Re: PR

Post by dimsav » Mon May 03, 2010 1:45 pm

bunny123 wrote:Indefinite leave to remain: As with other employment-based categories, individuals who have spent five continuous years in the UK as a work permit holder will usually become eligible for indefinite leave to remain ("ILR"), subject to meeting all the relevant criteria.
... as a work permit holder - that means having the corresponding visa.
bunny123 wrote:I was already working with my employer in uk when my Workpermit was approved as i was on a student visa at that time, so the time is counted from the time the work permit was given. pls dont mislead others. we r already stressed with so many things.
sushdmehta made a valid point above - if you got your work permit visa "stamped" in your passport only in October 2006, and not on 28 July 2006 (as I thought from your initial reply), when you will qualify for ILR only in October 2011, as the 5 year clock starts from the date of being in the UK on the WP visa...

Markie
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Re: PR

Post by Markie » Mon May 03, 2010 2:38 pm

check UKBA site re ILR requirement...specifically Part 5 134 (i)...It's in October I'm afraid
bunny123 wrote:Indefinite leave to remain: As with other employment-based categories, individuals who have spent five continuous years in the UK as a work permit holder will usually become eligible for indefinite leave to remain ("ILR"), subject to meeting all the relevant criteria.

I was already working with my employer in uk when my Workpermit was approved as i was on a student visa at that time, so the time is counted from the time the work permit was given. pls dont mislead others. we r already stressed with so many things.

senthil78
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Re: PR

Post by senthil78 » Mon May 03, 2010 3:18 pm

bunny123 wrote:Indefinite leave to remain: As with other employment-based categories, individuals who have spent five continuous years in the UK as a work permit holder will usually become eligible for indefinite leave to remain ("ILR"), subject to meeting all the relevant criteria.

I was already working with my employer in uk when my Workpermit was approved as i was on a student visa at that time, so the time is counted from the time the work permit was given. pls dont mislead others. we r already stressed with so many things.
I understand your situation, most of us in the forum came across your situation. We are not misleading you, but trying to take you in right direction. Refer the link provided by Markie. If you think that you are correct, go ahead and apply as you wish, no one is going to stop you.

geriatrix
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Re: PR

Post by geriatrix » Mon May 03, 2010 5:56 pm

bunny123 wrote:I was already working with my employer in uk when my Workpermit was approved as i was on a student visa at that time, so the time is counted from the time the work permit was given. pls dont mislead others. we r already stressed with so many things.
Until October 2006 you were on student visa ... and the time spent on student visa does not count towards ILR residential qualifying period when applying for ILR on basis of WP / PBS immigration status (amongst other categories).

The work permit issued to you in July 2006 was nothing but an authorization from UKBA to permit you to work in UK for the mentioned employer. It was only when your application for leave to remain on basis of this Work Permit authorization was approved (in October 2006) that you became a "work permit visa holder" and your ILR clock started ticking. Before that day you were on a "student visa" for all immigration purposes.

Hope this clarifies and puts to rest any confusion about work permit (authorization letter) and one's immigration status on basis of such an authorization (work permit).

regards

bunny123
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PR

Post by bunny123 » Mon May 03, 2010 10:51 pm

Thanks for all the advice above, it would be very sad for all those who will be applying for ILR from july 2011, what is the earned citizenship actually is, and what will happen to my work permit once it finishes in 2011, can i work free in any job or do i need to get a permit again and do i also need to do some chariity work and for how long. can someone pls throw some light into this.

geriatrix
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Re: PR

Post by geriatrix » Tue May 04, 2010 3:20 am

bunny123 wrote:Thanks for all the advice above, it would be very sad for all those who will be applying for ILR from july 2011, what is the earned citizenship actually is, and what will happen to my work permit once it finishes in 2011, can i work free in any job or do i need to get a permit again and do i also need to do some chariity work and for how long. can someone pls throw some light into this.
Earning the right to British citizenship

regards

bunny123
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PR

Post by bunny123 » Thu May 06, 2010 4:15 pm

So what status/visa i would be given once my work permit expires in oct 2011 and will there be any job/travel restrictions etc apart from benefits.

dimsav
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Re: PR

Post by dimsav » Thu May 06, 2010 5:00 pm

bunny123 wrote:So what status/visa i would be given once my work permit expires in oct 2011 and will there be any job/travel restrictions etc apart from benefits.
Probational citizenship - temporary leave to stay with no job restriction (can change employer) but still subject to immigration control. My guess is that travel restrictions will likely be in line of the current ones needed to get "full citizenship" (as you will be eligible to apply for a BC afterwards). At the moment all this stuff seems to be still under discussion and no more information is available at UKBA...

senthil78
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Re: PR

Post by senthil78 » Thu May 06, 2010 9:05 pm

bunny123 wrote:Thanks for all the advice above, it would be very sad for all those who will be applying for ILR from july 2011, what is the earned citizenship actually is, and what will happen to my work permit once it finishes in 2011, can i work free in any job or do i need to get a permit again and do i also need to do some chariity work and for how long. can someone pls throw some light into this.

bunny123
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PR

Post by bunny123 » Fri May 07, 2010 2:24 pm

Senthil70 do u want to say something, cos u just copied n pasted my line,,,

mrlookforward
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Re: PR

Post by mrlookforward » Sat May 08, 2010 1:40 am

bunny123 wrote:Thanks for all the advice above, it would be very sad for all those who will be applying for ILR from july 2011, what is the earned citizenship actually is, and what will happen to my work permit once it finishes in 2011, can i work free in any job or do i need to get a permit again and do i also need to do some chariity work and for how long. can someone pls throw some light into this.
The correct answer is "No one really knows exactly how it is going to work". Lets wait until UKBA publishes rules, guidance and further clarifications about transitional arrangements.

senthil78
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Re: PR

Post by senthil78 » Sun May 09, 2010 12:19 am

bunny123 wrote:Senthil70 do u want to say something, cos u just copied n pasted my line,,,
Yes, but not about earned citizenship. You got your WP approved in July 2006 for 5 years and your visa was endorsed in Oct 2006 for 5 years. I think that you will be short of 3 months WP to complete your 5 years. I don't know whether you have to extend your WP or Is it covered by your visa? You will have to find out.

bunny123
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pr

Post by bunny123 » Sun May 09, 2010 6:02 pm

Can anyone pls advice me if i need to extend work permit?? as far as i know my employement letter from the HR says my job is till october 2011 keeping in line with my work permit.

senthil78
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Re: pr

Post by senthil78 » Mon May 10, 2010 6:39 pm

bunny123 wrote:Can anyone pls advice me if i need to extend work permit?? as far as i know my employement letter from the HR says my job is till october 2011 keeping in line with my work permit.
Can you post exactly what is written on your Work Permit? If applied outside of UK, the validity of Work Permit starts from the date of entry to the UK. For example your length of WP approval is 6 months, "the work permit is valid for 6 months from the date of entry". I just want to find out what is in the In country application. If you post as I requested, I can guide you further on this.

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