When do I qualify for ILR

[cindy74]

I came to the UK in Sept 2002 on a student visa, graduated in Sept 2004 with a visa expiring Dec 2004. Got a work permit in Oct 2004 and started working for my employer in Nov 2004 as the home office confirmed I could start work with my student visa(got proof). Applied for my LTR in Nov 2004 and got it back in Mar 2005 valid till March 07. However I left my job in June 2005 because my salary was reduced as my employer(local authority) claimed the wrong one had been advertised plus there were other aspects to the job which wasnt as advertised. My employer informed the home office and they requested for my passport which I sent to them in July 2005, it came back at the end of July with my leave curtailed and right of appeal given. I lodged an appeal and had a hearing for Oct 2005 but got a new job and a new work permit in Sept 2005. I applied for LTR in Sept 2005 and was advised by the HomeOffice to either withdraw the appeal or wait for the hearing before a decision can be made on my application. I therefore withdrew appeal and LTR given in Oct 2005. I have been with my employer since then on this permit.

My question therefore is when do I qualify for ILR in this case? I know this is not quite straight forward but any advice will be appreciated.

thanks

[vinny]

My guess is that your qualifying period would have reset in Oct 2005 because your previous leave had been curtailed. You withdrew your appeal and made a fresh application and not a variation.

[cindy74]

Thanks Vinny

Does it really matter whether I withdrew my appeal or varied my leave.? Dont really understand, the only reason I withdrew the appeal was because the case worker advised that and also assured me that my already submitted application for LTR will be successful.

I have had a chat with a solicitor who has adviced working the extra months ie 3mths I missed out, because my LTR was not compromised(ie had continuous leave but gap in employment) as I was automatically covered by Section 3D. This this correct?

[vinny]

Yes, you were covered by section 3D, but perhaps only until you withdrew your appeal.

You may be in a stronger position if they had also withdrawn their decision to curtail and treated your fresh application as a variation of your initial one.