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Hi,

I am in UK since 9th Jan 2008 on company 5 yrs work permit. My current VISA expires on 30/10/2012. Technically I guess I am eligible for ILR from 28th day before 30th Oct. However my company want me to apply to extension of Work permit (Tier 2) to extend my stay and I also feel it is safe to go for extension first then go for ILR as this reduce all the risk of being rejected.

Please can you advice if I go for Work Permit extension (Tier 2) will it affect my ILR eligibility after getting the Tier 2 VISA? The reason for asking is someone told me that after 5 yrs a new Work permit issue (not extension) and it may possible i may loose my ILR eligibility after getting new WP

Please advice, sorry if this is very basic question in forum but i could not find relevant information any where in UKBA side

Thanks Very Much
Sami

SAMI1234 wrote:Technically I guess I am eligible for ILR from 28th day before 30th Oct.

Yes, but you don't qualify for ILR until 2013 if your residence period began in 2008, so you have no choice other than to extend.

You are always going to need your employer's sanction to apply for ILR as they have to provide a letter saying your services are still required. But once you have ILR you are then free as bird!

I guess i am eligible for ILR in September, as per the rules if one travel within 3 months of stamping of VISA date to UK then eligibility will count from the day VISA start not from the day i enter.
However considering this fact i need to know if my eligibility for ILR will remain intact after getting new work permit

Thanks

When was your visa granted?

Thanks for your help

VISA Start Date - End of Oct 2007
VISA End Date - End of Oct 2012
Date of Entry in UK - 2nd week of Jan 2008

My Company want me to go for workpermit to avoid any risk on ILR being rejected. Please can you advice if i go for Workpermit (Tier 2) will my ILR eligibility will remain?

thanks

SAMI1234 wrote:Thanks for your help

VISA Start Date - End of Oct 2007
VISA End Date - End of Oct 2012
Date of Entry in UK - 2nd week of Jan 2008

My Company want me to go for workpermit to avoid any risk on ILR being rejected. Please can you advice if i go for Workpermit (Tier 2) will my ILR eligibility will remain?
thanks

Yes, if you go for T2 extension, your ILR eligibility will remain, PROVIDED, all requirements/conditions at time of ILR application are met.

SAMI1234 wrote:VISA Start Date - End of Oct 2007
VISA End Date - End of Oct 2012
Date of Entry in UK - 2nd week of Jan 2008

My Company want me to go for workpermit to avoid any risk on ILR being rejected. Please can you advice if i go for Workpermit (Tier 2) will my ILR eligibility will remain?

The decision of whether you extend your leave to remain by getting a Tier 2 visa or whether you directly apply for ILR is yours. But based the information provided I'd say you are eligible to apply 28 days before the 5th anniversary from original EC (as you appear to have entered the UK within 3 months of EC). I.e. xx Oct 2012 - 28 days.

If your decision is to go for a further leave to remain extension and then apply for ILR later, you can do that too (so long as you meet all other requirements for ILR at the time).

I see no reason why you can't go for ILR but it's really your choice. I have no knowledge of your circumstances.