ILR - 5 years continuous rule

All,

I want to know if you can help me about when I can apply for ILR. I have read about 5years continuous in uk but do not understand when I qualify?

My situation is as follows:

- I was given a Work Permit on Feb 2007
- I entered UK in May 2007
- My WP was curtailed in Nov 2010 as my previous employers had not paid my NI and tax. I then spent a year trying to appeal on various grounds etc and my previous employers paid all the NI and tax due.
- I have since obtained a new tier 2 sponsor for 3 years.

I want to know if people can tell me when i can apply for ILR?

Can it be as soon as May 2012? As I will have been in UK for 5 years.

thanks

1. What was the expiry date given when your leave was curtailed?
2. When did you appeal against curtailment?
3. What was the outcome of the appeal? And when?
4. When did you apply for a new leave to remain?

Hi,

1. My leave was curtailed 18 Nov 2010.
2 and 3. There were many complications in my appeal. I appeal out of time due to problems with my solicitor. It was accepted and i appealed to immigration tribunal which was refused. i then applied to upper tribunal which was then refused. I then was given a chance with new sponsor and applied for that in sept 2011.

does that help?

do you need specific dates

Exact dates will help if you need an accurate answer to your queries.

1. When did the Upper Tribunal communicate its decision (refusal) to you?
2. When did you apply for a new leave to remain?

Also, you made an out-of-time appeal because you were not given the opportunity to make an in-time appeal application (e.g. - expiry date of curtailed leave had already passed when the decision of curtailment was communicated to you) or because of personal reasons?

i will reply tomorrow once i have full dates.

thanks

Hi.
The upper tribunal wrote me a letter with decision date of 5 august
I made new application for tier 2 on 20.09.2011

The original human rights appeal was made out of time because our solicitor did not lodge appeal and we were out of time. The late appeal was accepted.

sali1966 wrote:I was given a Work Permit on Feb 2007
- I entered UK in May 2007
- My WP was curtailed in Nov 2010 as my previous employers had not paid my NI and tax. I then spent a year trying to appeal on various grounds etc and my previous employers paid all the NI and tax due.

sali1966 wrote:I appeal out of time due to problems with my solicitor. It was accepted and i appealed to immigration tribunal which was refused. i then applied to upper tribunal which was then refused. I then was given a chance with new sponsor and applied for that in sept 2011.

sali1966 wrote:Hi.
The upper tribunal wrote me a letter with decision date of 5 august
I made new application for tier 2 on 20.09.2011

The original human rights appeal was made out of time because our solicitor did not lodge appeal and we were out of time. The late appeal was accepted.

I am unable to interpret Section 3D(2)(a) (of the Immigration Act 1971) accurately, therefore cannot say for sure if you have been an overstayer from 18-Nov-2010 to the date that Tier 2 leave to remain was issued to you subsequent to your application on 20-Sep-11.

But, you were definitely an overstayer between 05-Aug-11 and the date Tier 2 leave to remain was issued to you subsequent to your application on 20-Sep-11.

Either way. given the information posted, the earliest you may be eligible for settlement is 2016.

But my tier 2 sponsor is only.for 3years?
What will happen in 3years time in 2014?

You'll need to extend your stay in the UK - either under sponsorship with same employer or with a new one.

You may also want to apprise yourself of the recent consultation.

Ok that seems unfair that my previous employment cannot be counted in..