ILR- Advise Please!!!

Hi All,

I am here in the UK since 1996, came as a student and got work permit in July 2002. I had a gap of more than 3 months during 1997-1998. But there will be no gap of more than 6 weeks in 4 years when I will apply for WP next year.

I was reading the SET (O) Form section 5, and got confused. Below is the copy of the section 5 of the above form.
_____________________________________________________________
S E C T I O N- 5 Details about your application

Refers to the date of the main applicant’s first entry to the UK at the beginning of the stay on which the application is based.

5 .1 When did you first enter the UK?---- DAY---MONTH----YEAR
5. 2 Since then have you had any absences of 3 months or more outside the UK? YES/NO
5 .3 If you have answered yes to question 5.2, you should list these absences in the space provided below and explain the reason for the absence. You must also provide any supporting evidence
_____________________________________________________________

My first question is- Do I need to fill the first arrival date in UK ( 1996) or the day I got my Work permit in July 2002 (In country application)?

Second question is about Dependent on WP- How many months they must stay in the UK before applying for ILR.

I am grateful to your all valuable suggestions.

Thanks
Sam

It's too early for you there is at least one year to wait and most likely two years.

You may apply for settlement (ILR) either on the basis of:

1. 4 years continuous on a Work Permit or series of Work Permits.

2. 10 years continuous legal residence in the UK

Based on your entry date into the UK as a student the latter option may be possible before the former one.

If you apply based on 2 then fill in your date of entry in 1996.

If you apply based on 1 then fill out the same date unless you re-entered the UK on the WP after completion of your studies when it would be the date in July 2002.

Technically there are no time based requirements for the dependents but they must be on WP dependent status not any other category e.g. student, visitor etc. However absences can be deemed to make the subsistence of a relationship questionable.

It may be worth noting that these responses are based on immigration law as it currently stands. The government is amending such particularly on the matter of 'timeline to ILR' eligibility for admitted persons in employment visa categories (to include dependents). In summary (IMHO) you are speculating somewhat too early on what may be in 2006 when you may meet the rules that no one knows what shape they will take.

I hope that helps.