Archive » United Kingdom » Do I qualify for British ILR?
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| sharky2 Junior Member Member # 7561 | Posted February 06, 2004 12:20 AM I have been in UK for almost 4 years (since april 2000) on various visas: - 1 year TWES - 2.5 years business visa for Eastern European ppl - 0.5 year full work permit I want to go to HO personally with a bag of documents and apply for ILR. I know that TWES technically doesnt count towards ILR (although I read and heard contradictory information about it - my partner from Malaysia recently got ILR despite 2 years on TWES, on the other hand officers on the phone help in HO say something diffrent). Cheers |
| Joseph01 Member Member # 7141 | Posted February 06, 2004 11:10 AM Sharky2 Assuming those visas are in sequence, I believe that you have about 3.5 years to go before you can apply for ILR. Although one can argue that TWES could apply toward ILR in a special case, the fact that you had 2.5 years in between with a business visa (not a category leading to Settlement) means that the ILR clock started again when you started your WP. Joseph |
| Kayalami Member Member # 5984 | Posted February 06, 2004 01:10 PM JO1 - a slight correction if as I presume the poster is talking about a visa issued under the EC Association Agreements enbaling nationals of Bulgaria, Czech Republic, Poland, Romania, Hungary, Lithuania, Latvia, Estonia and Slovakia to sett themselves up in a a company as sole traders or in a partnership. A person holding this status for 4 yrs can apply for ILR. Under the Immigration Rules time on TWES does not count towards ILR. However several posters on the board including the originators partner have succeded in amalgamating TWES and WP status. I have not come across an amalgamation of TWES, EC Association & Full WP before but there is no harm in trying. Afterall the Home Office has immense powers of discretion and you may get lucky. I would advise using a lawyer for this one. Good Luck -------------------- ---audi alteram partem--- |
| ajani Junior Member Member # 6289 | Posted February 06, 2004 01:36 PM to kalayami, do you think it will be possible to amalgamate 3years and 8months on HSMP and two years on student visa towards getting ILR. My extention application was recently considered under the HSMP before expiration of my visa in april 2004. This will leave me short of about 4months, i dont want to think of applying to HSMP again, paying the fees and shortly after paying for ILR. Come 2007, can i apply directly for ILR. thanks |
| Joseph01 Member Member # 7141 | Posted February 06, 2004 02:23 PM Kayalami, Thanks for the clarification. I see that if Sharkey had continued the EU Association Agreement visa (if that what is was) for 4 years, he would qualify for ILR. But since he changed over to WP after 2.5 years, he has to start over again right? In other words, if he is on a WP now, it's not possible (unlike with HSMP) to amalgamate the time spent with other categories (even with TWES in theory) to get the 4 years. Is this correct? Regards, Joseph |
| Kayalami Member Member # 5984 | Posted February 06, 2004 03:34 PM quote: As the rules stand you are not able to amalgamate time spent as a student to that in an employment category leading to settlement e.g. HSMP or WP to make up 4yrs for an ILR application. However such time would count under the 10 yr legal stay rules. You got an HSMP extension a whole 3 months before the expiry of your 12 month visa?..I am suprised by that but its what's cost you the 3 or so months you need at the other end You will need to apply for a short term extension again or go for a discretionary application for ILR at the end of your current HSMP visa .
quote: Correct - an application in this case would be under the discretionary powers of the HO to consider an application outside the rules hence my suggestion to apply anyway as there is nothing to lose. However the issue may be moot depending on whether the poster's country of nationality is one of the EU ascension countries - he/she doesn't say -------------------- ---audi alteram partem--- |
| sharky2 Junior Member Member # 7561 | Posted February 07, 2004 11:00 AM Thank you for your advices. By business visa I meant the one issude for new candidate countries, allowing me to work here as freelance. I am Polish and as you know my country is joining EU in 3 months. I was considering going to HO after May and get the ILR, once I am EU citizen and have over 4 years of stay. I am not sure if it would be easier - once again I got 3 diffrent opinions from HO. |
| sharky2 Junior Member Member # 7561 | Posted February 07, 2004 11:20 AM Regarding Kayalami's post that the application would be considered outside the normal rules: That's nothing new for me. So far all my visas were issued 'outside the rules' but I had no problem with extending/ changing them. This time I want to base my application on the fact that I worked in UK for 4 years, paied taxes like a good Christian, didn't use the social system and managed to save some money. I wonder if in my case it is better to send the application by mail or go personally...I prefer the second option because I hate being without my passport. |
| sharky2 Junior Member Member # 7561 | Posted February 10, 2004 08:07 PM Hello again. I am still curious whether the fact that I am a Polish citizen could help getting ILR after May (or before). Looks like UK won't use work restrictions for new EU members - IMHO this would be illogical if HO made big difficulties in my case...but I am awaiting the advice of the experts |
| Joseph01 Member Member # 7141 | Posted February 11, 2004 12:31 AM Your Polish nationality doesn't help you get ILR any quicker. You still have to wait another 3.5 years. EU nationals have to be in the UK as working residents for 4 years to get ILR, just like WP holders. But for EU Nationals, ILR is not really necessary because they can come and stay and work here without restriction. The main benefit of ILR for EU Citizens is that they need to have ILR before they can apply for British Citizenship, which is another thing that probably has limited value for an EU Citizen. Joseph |
| Kayalami Member Member # 5984 | Posted February 11, 2004 04:18 PM Sharky2, As has been pointed out by Joseph01 an ILR application in this case is independent of your pending EU status effective 1 May 2004. The immigration rules allow for the retrospective consideration of time spent in economic activity whilst exercising EU treaty rights in the UK to 4 years for the grant of ILR but only for people who have been EU nationals throughout this period i.e. if Poland had been in the EU since January 2000 you could apply for ILR based on your 4 year economic activity in the UK in Janaury 2004 but because it wasn't you can't. This grant of IRL would be simultaneous with an application for a residence permit. As things stand you have to go the discretion route as per my initial post and given the joy you have received from the HO to date it may be yet another one in the bag for you. You would have to hold ILR for one year then apply for naturalisation as a British Citizen - this assumes you are not the spouse of a BC when you are granted ILR. If you are the spouse of a BC when granted ILR you can apply for naturalisation immediatley - you don't need to have held it for 12 months. Reasons why naturalisation as a BC may be of relevance in cases such as these pertain primarily to: 1. Running for various political posts - perhaps you see yourself as prime minister material. 2. Employment in sectors/ jobs where British Citizenship is mandatory primarily in the defence arena. 3. Access to nationality specific funds e.g. educational (Fullbright Commission), state funds etc. 4. The British Passport is more powerful/ gives better visa free travel to more countries including the US under the VWP programme. The new EU member states will not be VWP for years to come and as things stand regarding entry into the US you don't want to have to apply for a US visa at any time if you don't have to. 5. The recent moves by many western governments to implement draconian anti terrorism legislation that sees non citizens have no recourse to legal due process. 6. Indefinite guarantee of the right to live and remain in the UK. EU nationals can be deported under grounds of public health and security. Note that the Nationality, Immigration & Asylum Act 2002 gives the Home Secretary the power to strip someone of BC if such will not leave them stateless. Effectively this only applies where the person has not taken steps to make themselves stateless i.e. renounced their initial/original citizenship..this doesn't leave many people safe does it since it only applies to more or less a BC born in the UK. You need to apply for ILR on Form Set (O) available here. [ February 11, 2004: Message edited by: Kayalami ] -------------------- ---audi alteram partem--- |
| sharky2 Junior Member Member # 7561 | Posted February 11, 2004 08:21 PM Thank you guys for the information. I have about at least 3 weeks to collect all my documents. I will keep you informed. Keep your fingers crossed for me |
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