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Qualifying Period for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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vgvirgo
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Joined: Tue Jun 15, 2010 8:38 am

Qualifying Period for ILR

Post by vgvirgo » Thu Jul 08, 2010 8:28 am

My First Entry in UK: 6 Nov 2005 on 5 yrs Work Permit valid until 5 OCT 2010 for my First Employer in UK

Change in Employment to New Employer: Successful transfer of Work Permit on 17 May 2007 for new employer for 60 Months (valid until 13 Aug 2012)

Last Day at old employer: Friday 20 July 2007
Joined New Employer on 23 July 2007
Applied for FLR (IED) for new employment: 1 Aug 2007
Approved FLR (IED) on: 14 Aug 2007
FLR (IED) Validity is until: 13 Aug 2012

And my absence from UK is not more than 130 Days in last 4 yrs 6 months.


My Questions:
1) What Date I can apply for ILR?
2) Does it reset IRL Clock after change in Employment?

I have all the required documents mentioned in guidance document for ILR SET(O)

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Thu Jul 08, 2010 8:50 am

As I see it you can apply for ILR no earlier than 28 days before the 5th anniversary of you entering the UK to start your first employment = 09.10.10.

Your Q2 .... no!
John

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Mon Jul 19, 2010 4:43 pm

My only concern here is the period between 23-Jul-07 and 13-Aug-07 during which you had started working with your new employer (Housing Trust) without being granted permission by UKBA to do so. This permission was granted on 13-Aug-07, and as per my understanding, you should have started work with the new employer from/after this date.

If UKBA doesn't (or cannot) unearth this information, don't see a problem in you being granted ILR when you complete 5 years in the UK (from 06-Nov-05).


regards
Last edited by geriatrix on Mon Jul 19, 2010 10:41 pm, edited 1 time in total.

Sky_High
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Joined: Sun Nov 02, 2008 5:45 pm

Post by Sky_High » Mon Jul 19, 2010 5:23 pm

John wrote:As I see it you can apply for ILR no earlier than 28 days before the 5th anniversary of you entering the UK to start your first employment = 09.10.10.

Your Q2 .... no!
John: OP entered the country on 6th Nov 2005 so he is finishing 5 years on 5th Nov 2010. Can OP not apply on 08.10.10 i.e 28 days before 5th Nov 2010?

John
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Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Jul 19, 2010 7:26 pm

Sky_High, no I don't agree, they entered the UK on 06.11.05 and 28 days before the 5th anniversary of that date is 09.10.10. In fact as that is a Saturday it is probably better to say the first day is Monday 11.10.10.
John

vgvirgo
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Posts: 24
Joined: Tue Jun 15, 2010 8:38 am

Change in Employment on Work Permit

Post by vgvirgo » Wed Jul 21, 2010 2:54 pm

Hi sushdmehta,

My Aplogy I forgot to mention that I received my home office's workpermit transfer Letter on 14-May 2007 ( before I joined my new employer) and this Home Office Letter states that I can start working for new employer before appling FLR(IED) but employment will cease if FLR(IED) not approved/granted
but In my case it was ultimately approved on 14th Aug 2007.

now do you still think there are any issue in applying for ILR on 11-Oct-2010? Please let me know?

Thank you all for your reply.

Regards
sushdmehta wrote:My only concern here is the period between 23-Jul-07 and 13-Aug-07 during which you had started working with your new employer (Housing Trust) without being granted permission by UKBA to do so. This permission was granted on 13-Aug-07, and as per my understanding, you should have started work with the new employer from/after this date.

If UKBA doesn't (or cannot) unearth this information, don't see a problem in you being granted ILR when you complete 5 years in the UK (from 06-Nov-05).


regards

geriatrix
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Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: Change in Employment on Work Permit

Post by geriatrix » Wed Jul 21, 2010 3:16 pm

vgvirgo wrote:I forgot to mention that I received my home office's workpermit transfer Letter on 14-May 2007 ( before I joined my new employer) and this Home Office Letter states that I can start working for new employer before appling FLR(IED) but employment will cease if FLR(IED) not approved/granted
No problem then!

regards

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