When to apply for ILR from Work Permit

[Narcissus]

Hi,

My partner will be able to apply for ILR from next year based on 5 years on a work permit.

He was already in the country on a student visa (he completed university in the UK), and applied for change of status to work permit, which was approved in July 2005. He then applied for FLR which was approved in Aug 2005.

Given he was in the country and had leave to remain at the time the work permit was issued can he claim ILR from 5years - 28 days from the date of issue of the work permit or the date of issue of the FLR? He was in the country on all dates between issue of the work permit and FLR.

I have heard it should be from the date of the work permit given he already had a form of leave to remain and he was in the country. Is this true. If not his work permit will run out a few days before 5 years minus 28 days from the date of the FLR, and he will have to apply for a new visa for a few days of legality before he can get ILR.

As a side note, immigration have put a only one stamp on his actual visa which is dated Dec 2005 (I assume from when he came back to the UK after his first trip back home since getting the work permit). There is no reason why the Immigration service would view his FLR/Work permit as starting on that date, is there? (It would be stupid as he had already been working for months)

[PaperPusher]

The date to count from is when the leave was granted. You have to spend 5 years with leave as a work permit holder.

Has he thought about paying by cheque so that it takes a couple of more days before it gets to a caseworker? How many days do you mean by a "few days"?

There is no reason why the Immigration service would view his FLR/Work permit as starting on that date, is there?

No

[salmanakram]

I came to the UK as student in Oct 2004. My student visa expiry date was:
April 2006


I was offered a job with WP. Following are the date of events:-

WP Approved: 11 Aug 2005

Date of Issue of Visa Sticker on Passport: 30 Aug 2005 to 26 Aug 2010

My query is:
1) My "5 years - 28 days" period will be calculated from which date "WP Approval Date" or "Date of Issue in passport"?

2) Based on the above response what will be the date i can apply for ILR?

Thanks,

Salman

[senthil78]

I came to the UK as student in Oct 2004. My student visa expiry date was:
April 2006


I was offered a job with WP. Following are the date of events:-

WP Approved: 11 Aug 2005

Date of Issue of Visa Sticker on Passport: 30 Aug 2005 to 26 Aug 2010

My query is:
1) My "5 years - 28 days" period will be calculated from which date "WP Approval Date" or "Date of Issue in passport"?

2) Based on the above response what will be the date i can apply for ILR?

Thanks,

Salman

Count from 30 Aug 2005