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Query about ILR Eligibility

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.

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Vidhya Bharathidasan
Newly Registered
Posts: 14
Joined: Thu Jan 03, 2013 9:42 pm

Query about ILR Eligibility

Post by Vidhya Bharathidasan » Thu Jan 03, 2013 9:51 pm

Hi,

Could one of you please respond to my query below?

Details about our application:
HSMP Visa Issued date: 31 Mar 2008
Entered into UK: 19 May 2008
Secured Job: 10 Oct 2008
Tier 1 General Extension Expires: 31 Mar 2013

We had plans to apply for ILR sometime by early March (anytime within 28 days before 31 Mar 2008) but the new immigration rule changes has confused with contradicting information in different places in UKBA website:

Under 254AAA - It is mentioned as following (http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/)

(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a businessperson, an innovator, an investor, a self-employed lawyer or a writer, composer or artist:

(i) the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor; and

(ii) any absences from the UK during the five years must have been for a purpose that is consistent with the continuous employment in (i), including paid annual leave or for serious or compelling reasons.

however in the Page 8 of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

it is mentioned as follows:

The Secretary of State considers the granting of ILR in the UK to be a privilege and the
continuous period requirement is the minimum amount of time which a migrant must spend
in employment or being economically active in the UK before being eligible to qualify for ILR.

Does this mean we can't apply for ILR till 5 years of employment is complete?

Please let me know if I'm eligible for ILR after 4th Mar 2013?

Cheers,
Vidhya

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Thu Jan 03, 2013 11:49 pm

I would suggest you work your way through the SET O form first.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

Bildor
Junior Member
Posts: 58
Joined: Wed Dec 22, 2010 3:52 pm

Post by Bildor » Fri Jan 04, 2013 12:34 am

Based on my understanding of the rules, I think u are eligible, as long as all other criteria / conditions have been met. I suggest u go through the guidance note and form to get a feel of this.

As long as u entered the uk within 90 days of visa been stamped, then ur qualifying period can start from date of stamp.

But like I said this is my understanding. Hopefully one of the senior members will comment as well.

techie_09
Member
Posts: 101
Joined: Thu Mar 26, 2009 1:07 am

Post by techie_09 » Fri Jan 04, 2013 7:42 pm

As mentioned in the other earlier post also "Economic Active" people mean someone in employment or actively seeking employment.
Techie

aruni4470
Diamond Member
Posts: 1615
Joined: Fri Nov 16, 2007 9:54 pm
Location: Cambridgeshire

Re: Query about ILR Eligibility

Post by aruni4470 » Fri Jan 04, 2013 8:44 pm

Please read the rules clearly and carefully. Specially the highlighted bit in red below which applies to your immigration status.
Vidhya Bharathidasan wrote:Hi,

Could one of you please respond to my query below?

Details about our application:
HSMP Visa Issued date: 31 Mar 2008
Entered into UK: 19 May 2008
Secured Job: 10 Oct 2008
Tier 1 General Extension Expires: 31 Mar 2013

We had plans to apply for ILR sometime by early March (anytime within 28 days before 31 Mar 2008) but the new immigration rule changes has confused with contradicting information in different places in UKBA website:

Under 254AAA - It is mentioned as following (http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/)

(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a businessperson, an innovator, an investor, a self-employed lawyer or a writer, composer or artist:

(i) the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor; and

(ii) any absences from the UK during the five years must have been for a purpose that is consistent with the continuous employment in (i), including paid annual leave or for serious or compelling reasons.

however in the Page 8 of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

it is mentioned as follows:

The Secretary of State considers the granting of ILR in the UK to be a privilege and the
continuous period requirement is the minimum amount of time which a migrant must spend
in employment or being economically active in the UK before being eligible to qualify for ILR.

Does this mean we can't apply for ILR till 5 years of employment is complete?

Please let me know if I'm eligible for ILR after 4th Mar 2013?

Cheers,
Vidhya

Vidhya Bharathidasan
Newly Registered
Posts: 14
Joined: Thu Jan 03, 2013 9:42 pm

Post by Vidhya Bharathidasan » Sun Jan 06, 2013 12:07 pm

Thanks to your response!! I'll proceed with my preparation for ILR..

Virtuose
Newly Registered
Posts: 15
Joined: Mon Apr 30, 2012 10:35 am
Location: London

Re: Query about ILR Eligibility

Post by Virtuose » Mon Jan 07, 2013 3:18 am

aruni4470 wrote:Please read the rules clearly and carefully. Specially the highlighted bit in red below which applies to your immigration status.
Vidhya Bharathidasan wrote:Hi,

Could one of you please respond to my query below?

Details about our application:
HSMP Visa Issued date: 31 Mar 2008
Entered into UK: 19 May 2008
Secured Job: 10 Oct 2008
Tier 1 General Extension Expires: 31 Mar 2013

We had plans to apply for ILR sometime by early March (anytime within 28 days before 31 Mar 2008) but the new immigration rule changes has confused with contradicting information in different places in UKBA website:

Under 254AAA - It is mentioned as following (http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/)

(b) Except for periods when the applicant had leave as a Tier 1 (General) Migrant, a Tier 1 (Investor) Migrant, a Tier 1 (Entrepreneur) Migrant, a Tier 1 (Exceptional Talent) Migrant, a highly skilled migrant, a businessperson, an innovator, an investor, a self-employed lawyer or a writer, composer or artist:

(i) the applicant must have been employed in the UK continuously throughout the five years, under the terms of their Certificate of Sponsorship, work permit or in the employment for which they were given leave to enter or remain, except that any breaks in employment in which they applied for leave as a Tier 2 Migrant, or, under Tier 5 Temporary Worker (International Agreement) Migrant as a private servant in a diplomatic household, where in the latter case they applied to enter the UK before 6 April 2012, to work for a new employer shall be disregarded, provided this is within 60 days of the end of their employment with their previous employer or Sponsor; and

(ii) any absences from the UK during the five years must have been for a purpose that is consistent with the continuous employment in (i), including paid annual leave or for serious or compelling reasons.

however in the Page 8 of http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

it is mentioned as follows:

The Secretary of State considers the granting of ILR in the UK to be a privilege and the
continuous period requirement is the minimum amount of time which a migrant must spend
in employment or being economically active in the UK before being eligible to qualify for ILR.

Does this mean we can't apply for ILR till 5 years of employment is complete?

Please let me know if I'm eligible for ILR after 4th Mar 2013?

Cheers,
Vidhya

ye, thats clear. but now if you have a look at this guidance - http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

p. 11-12 "In the following categories, absences must be for reasons connected with the applicant’s purpose for being in the UK or for serious or compelling compassionate reasons. Evidence, as specified above, must be provided for compelling or compassionate reasons only:

whic includes Tier 1 (General)

What does that mean? Thx

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