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MEWP - ILR qualification

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

aam15cb
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Post by aam15cb » Wed Sep 28, 2011 12:47 pm

Halo Senior members,

Could the experienced (only experienced please!) members comment on whether work permits that have multiple entry (in the box of the A4 WP) count towards ILR?

I am also in the same boat, and am thinking of whether to apply for an extension, or be in those lucky few and apply for an ILR?

I think some person has replied earlier stating that this wont be counted, and someone said that this will be counted towards an ILR. So, could someone with experience shed some light.

I am not sure if this has been discussed somewhere. if yes, please can you send the link to where it was discussed, that would help in thinking of the best option to be done.


Please can you post ASAP, as I have to decide as my time gets over in 2 weeks.

Thanks in advance.

Regards,
Aam

geriatrix
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Post by geriatrix » Wed Sep 28, 2011 1:03 pm

All work permits are "multiple entry", but Multiple Entry Work Permit (MEWP) is different from the usual Work Permit (WP).

1. Have you been working with the same employer since entering UK? And have always extended your leave from within the UK?
2. I haven't seen a A4 WP myself, so what does this document state against the box containing "multiple entry"?
Life isn't fair, but you can be!

aam15cb
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Post by aam15cb » Wed Sep 28, 2011 2:29 pm

1. Have you been working with the same employer since entering UK?
No, I have changed my employer, after I got Tier1. With the previous Work Permit ( A4 sheet part had Multiple Entry in the box) I was with the same employer.
And have always extended your leave from within the UK?
Yes, before the WP got over, I applied and got Tier 1 General.
I haven't seen a A4 WP myself, so what does this document state against the box containing "multiple entry"?
Maybe someone who has the Work Permit (with Multiple entry written on it inside the box on the A4 sheet work permit) may be able to help me out, if they have had their decision on ILR with a combination of that and Tier 1.

Thanks in advance.

Still waiting for a reply.

Regards,
Aam

aam15cb
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Post by aam15cb » Wed Sep 28, 2011 2:51 pm

sushdmehta: I haven't seen a A4 WP myself, so what does this document state against the box containing "multiple entry"?
Please look at the below link http://www.immigrationboards.com/viewto ... ermit+tier and look at the posting by mubashir9819
on Sun Jul 17, 2011 10:16 pm . There is a link to how the work permit looks. If you open the link, you will see that there is a box on the sample jpg file.
In my case, inside that box it is written Multiple Entry. I am not sure if this is the case for everyone, or for the lucky few, there should not be written anything in this box.

Thanks in advance,
Aam

rahi14
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Post by rahi14 » Thu Sep 29, 2011 6:28 am

If you have got multiple entry written in the box it is a MEWP. I have held two WPs in the past the first one of which was a MEWP and has multiple entry written in the box. The other one is like the sample file i.e nothing in the box.

aam15cb
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Post by aam15cb » Thu Sep 29, 2011 9:25 am

rahi14 : I have held two WPs in the past the first one of which was a MEWP and has multiple entry written in the box.
Hi, Yes, I am in the same situation, except that I had this MEWP for 2 years. Interesting to know, how long was that MEWP which you held valid for? Was it for 2 years like in my case? Also, more important, did you apply for ILR including the duration you held with MEWP? I would be eager to know about your experience as well as other experiences if they have applied for ILR with a combination which includes MEWP (Work Permit with Multiple Entry written inside the box).

Thanks.

geriatrix
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Post by geriatrix » Thu Sep 29, 2011 9:42 am

Time spent in UK on MEWP (immigration rule 199A-199C) cannot be counted towards qualifying residential period for settlement. The "qualifying WP" categories that can be included for the purpose of settlement as an economic migrant are the ones covered by immigration rules 128 - 133.

Just as SEGS, TWES and Fresh Talent: Scotland, do not contribute to the qualifying residential period, MEWP also does not.

Also, MEWP cannot be issued for more than 2 years, and cannot be extended from within the UK.
Last edited by geriatrix on Fri Sep 30, 2011 2:26 am, edited 1 time in total.
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rahi14
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Post by rahi14 » Thu Sep 29, 2011 10:06 am

Hi Aam,

I haven't applied for ILR yet. My MEWP was valid for 2 years although I have spent only about 4 months on the MEWP. As Sushdmehta has mentioned time spent on MEWP does not count towards ILR and this is clearly mentioned in the caseworker guidance here
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Like you said, I, myself, am interested to know about experiences of people who have held MEWP. Being a close follower of this forum, I somehow feel that there are people who have succesfully received their ILRs , after including the MEWP period. I haven't got any historical posts to mention but I simply can't believe that in the history of all the successful applications here, no one has ever held a MEWP. I would request people with ILR who have held MEWPs before to kindly go through their docs again and please let us know. This would indeed be a huge motivation for us to bite the bullet.

arunkumarprs
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Post by arunkumarprs » Wed Oct 05, 2011 3:57 pm

sushdmehta wrote:Time spent in UK on MEWP (immigration rule 199A-199C) cannot be counted towards qualifying residential period for settlement. The "qualifying WP" categories that can be included for the purpose of settlement as an economic migrant are the ones covered by immigration rules 128 - 133.

Just as SEGS, TWES and Fresh Talent: Scotland, do not contribute to the qualifying residential period, MEWP also does not.

Also, MEWP cannot be issued for more than 2 years, and cannot be extended from within the UK.

I'm also in the same situation. I'm here for the last 4 years, where first 6 months on MEWP, had 2 months break in India, next 7 months here in WP and then got my Tier 1 general.

If you’re currently here on WP and applying for ILR, you should look at immigration rules 128 - 133.

If you’re currently here on Tier 1 (General) and applying for ILR, you should look at immigration rules 245C-245CE.

An extract of the ILR rules for Tier 1 (General) is given below.
Now my question is, can we be bit cheeky and assume MEWP as a "as a Work Permit Holder," as mentioned in the list... :wink:

Code: Select all

245CD. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain, a Tier 1 (General) Migrant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements: 

(a) The applicant must not have one or more unspent convictions within the meaning of the Rehabilitation of Offenders Act 1974 unless the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document.

(b) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.

(c) Unless the application is being made under the terms of the HSMP ILR Judicial Review Policy Document, the applicant must have spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:

(i) as a Tier 1 (General) Migrant, 

(ii) as a Highly Skilled Migrant, 

(iii) as a Work Permit Holder, 

(iv) as an innovator, 

(v) as a Self-Employed Lawyer, 

(vi) as a Writer, Composer or Artist, 

(vii) as a Tier 2 (General) Migrant, a Tier 2 (Minister of Religion) Migrant or a Tier 2 (Sportsperson) Migrant, or 

(viii) as a Tier 2 (Intra-Company Transfer) Migrant, provided the continuous period of 5 years spent lawfully in the UK includes a period of leave as a Tier 2 (Intra-Company Transfer) Migrant granted under the Rules in place before 6 April 2010. 

(d) if the applicant has or has had leave as a Highly skilled Migrant, a Writer, Composer or artist, a self-employed lawyer or as a Tier 1 (General) Migrant under the Rules in place before 19 July 2010, and has not been granted leave in any categories other than these under the Rules in place since 19 July 2010, the applicant must have 75 points under paragraphs 7 to 34 of Appendix A.

(e) Where the application is being made under the terms of the HSMP ILR Judicial Review Policy document, the applicant must have a continuous period of 4 years lawful leave in the UK, or 5 years lawful leave in the UK if the applicant applied to the HSMP between 3 April 2006 and 7 November 2006, received an approval letter and came to or stayed in the United Kingdom on the basis of that letter, of which the most recent must have been spent with leave as a Tier 1 (General) Migrant, in any combination of the following categories:

(i) as a Tier 1 (General) Migrant; 

(ii) as a Highly Skilled Migrant; 

(iii) as a Work Permit Holder; or 

(iv) as an innovator. 

(f) Where the application is being made under the terms of the HSMP ILR Judicial Review Policy Document, the applicant must be economically active in the UK, in employment or self-employment or both.

(g) in all other cases than those referred to in (d) or (e) above, the applicant must have 80 points under paragraphs 7 to 34 of Appendix A.

(h) The applicant must have sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with paragraph 33BA, unless the applicant is under the age of 18 or aged 65 or over at the time the application is made or the applicant is applying under the terms of the HSMP ILR Judicial Review Policy Document.

WP to Tier1 - From UK

14 Jun 08 Appln Sent
16 Jun 08 HO Recd.
18 Jun 08 Fee deducted
21 Jun 08 Ref. No. Recd. (dated 17 Jun)
19 Aug 08 recv call from CW to collect docs
Ref. No. : PB309*
Status : Approved, waiting for passport

arunkumarprs
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Post by arunkumarprs » Wed Oct 05, 2011 4:04 pm

rahi14 wrote:Hi Aam,

I haven't applied for ILR yet. My MEWP was valid for 2 years although I have spent only about 4 months on the MEWP. As Sushdmehta has mentioned time spent on MEWP does not count towards ILR and this is clearly mentioned in the caseworker guidance here
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Like you said, I, myself, am interested to know about experiences of people who have held MEWP. Being a close follower of this forum, I somehow feel that there are people who have succesfully received their ILRs , after including the MEWP period. I haven't got any historical posts to mention but I simply can't believe that in the history of all the successful applications here, no one has ever held a MEWP. I would request people with ILR who have held MEWPs before to kindly go through their docs again and please let us know. This would indeed be a huge motivation for us to bite the bullet.

I reckon the trouble is some of the immigration officers themselves do not know the actual difference between MEWP and WP. Prob the people who got the ILR might have had a caseworker who assumed (like many) MEWP is a different version of WP and inherits its privileges.

I remember once i was entering UK, i asked this question to the immigration officer (couple of yrs before)... She was not sure of a category called MEWP which was different from WP. She looked confused then and asked me to contact HomeOffice.

I asked the same question to the case worker recently when i got my Tier 1 (G) extn (in person application), the case worker again was not clear will it make a difference... He said prob it is a work permit so it should be same as normal WP.

I remember reading the small print in the back side of A4 of MEWP regarding this... I can’t remember now... I will check it today and post it again on this forum.
WP to Tier1 - From UK

14 Jun 08 Appln Sent
16 Jun 08 HO Recd.
18 Jun 08 Fee deducted
21 Jun 08 Ref. No. Recd. (dated 17 Jun)
19 Aug 08 recv call from CW to collect docs
Ref. No. : PB309*
Status : Approved, waiting for passport

geriatrix
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Location: does it matter?

Post by geriatrix » Tue Oct 11, 2011 2:10 pm

arunkumarprs wrote:Now my question is, can we be bit cheeky and assume MEWP as a "as a Work Permit Holder," as mentioned in the list...
Why not, if you cannot read what the IDI states in plain words and have cash to throw away!
Settlement - Tier 2 and Tier 5 of the points-based system wrote:A “Qualifying Work Permit Holderâ€
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Thu Oct 27, 2011 10:42 am

Update:



Enquiry sent to Settlement Operational Policy unit at UKBA:
-------------------------------------------------------------------------------------
To whom it may concern:

Immigration rules 245CD(c) and 245CD(e) mention that a Tier 1 (General) applicant applying for settlement can include a period lived in the UK as a "Work Permit Holder" to meet the "lawful and continuous qualifying residential period".

This is in contrast to the related immigration rules applicable to a Tier 2 migrant (e.g. - 245GF(c), 245HF(c)) wherein the relevant immigration rules refer to "qualifying work permit holder".

Furthermore, the IDI titled "Section 2 - Settlement - Tier 2 and Tier 5 of the points based system" states (in the last paragraph of clause 6(c)) that - A “Qualifying Work Permit Holderâ€
Life isn't fair, but you can be!

KKumar
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Post by KKumar » Fri Dec 30, 2011 2:25 pm

Hi vidsrao ,

I have exact same situation except HSMP but have tier 1 at latest. i would like to know what happened with your case.

I think you are referring entry clearance visa on your passport written MULTI and visa - VISA WORK PERMIT F+6digit. please correct me here?

so first of all very big question is how to find type of work permit hold at the time.

thanks,
KKumar

vidsrao
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Post by vidsrao » Sun Jan 08, 2012 11:08 pm

KKumar,

Sorry for the delayed reply. I havent applied ILR so far. Sorry couldnt be of much help to give you any more info.

Yes My PP has F+ sixdigit.

Thanks

arunkumarprs
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Post by arunkumarprs » Fri Feb 10, 2012 1:17 am

That makes things clear... thanks a ton for sushdmehta asa usual....

[quote="sushdmehta"]Update:



Enquiry sent to Settlement Operational Policy unit at UKBA:
-------------------------------------------------------------------------------------
To whom it may concern:

Immigration rules 245CD(c) and 245CD(e) mention that a Tier 1 (General) applicant applying for settlement can include a period lived in the UK as a "Work Permit Holder" to meet the "lawful and continuous qualifying residential period".

This is in contrast to the related immigration rules applicable to a Tier 2 migrant (e.g. - 245GF(c), 245HF(c)) wherein the relevant immigration rules refer to "qualifying work permit holder".

Furthermore, the IDI titled "Section 2 - Settlement - Tier 2 and Tier 5 of the points based system" states (in the last paragraph of clause 6(c)) that - A “Qualifying Work Permit Holderâ€
WP to Tier1 - From UK

14 Jun 08 Appln Sent
16 Jun 08 HO Recd.
18 Jun 08 Fee deducted
21 Jun 08 Ref. No. Recd. (dated 17 Jun)
19 Aug 08 recv call from CW to collect docs
Ref. No. : PB309*
Status : Approved, waiting for passport

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