WHV included in qualifying period for ILR?

[Guest954]

Hi there,

I'm in the UK on an ancestry visa which expires in May. I originally came on a WHV and have been here for five years now, but only four of those on an ancestry visa. Given all the changes to policy I'm really keen to apply for ILR now if possible, rather than an extension this year with who knows what next year. But I know this would mean counting the time spent on my WHV to meet the five year qualifying period.

I found this post by Siggi which says you can count time on WHV for ILR:

Posted: Thu Oct 04, 2007 9:13 am Post subject:

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Hi Paul,
Ancestral visa gives you the most options in terms of working unrestricted in the UK, where as a working holiday type visa is restricted to two years and I dont believe that you are allowed too seek full time employment on WH visa.

Time spend in the UK on WH visa does count toward ILR.

If you are on a still on a Ancestral visa at the end of your 5 year stay it will help your ILR application to prove continued work, with no big breaks in employment.
The only area, where they will be sticky, is if you have extended the require limit of stay outside the UK.

Other than that Ancestral visa's are cool!

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Has anyone else heard that you can count this?

Thanks!

Katherine

[VictoriaS]

You can count time on the WHM towards ILR under the 10 year long residence category. You can't add it to the ancestry for a 5 year application.

Victoria

[Siggi]

Victoria
Are 100% sure about this?

[paulp]

Victoria
Are 100% sure about this?

About which part, the mix-and-match on 10-years or no mix on 5 years (apart from WP+HSMP)?

[VictoriaS]

Victoria
Are 100% sure about this?

Yes, of course I am.


Victoria

[Siggi]

Victoria,
No offence ment, but a little touchy are we!

[VictoriaS]

I was just surprised that you didn't know this yourself!


Victoria

[Guest954]

Thanks for the advice. I had also heard that in the past (2003? 2004?) you could count time on a WHV towards ILR but not any more.

I guess I'll have to take my chances with whatever changes are made for next year.

Katherine

[sakura]

The rules are five years on an ancestry visa for ILR. WHVs only count toward the 10 year legal or 14 years legal+non-legal categories. Anyone that says otherwise (re ancestry visa) is wrong.

[paulp]

Thanks for the advice. I had also heard that in the past (2003? 2004?) you could count time on a WHV towards ILR but not any more.

10 year long residence, yes. 5 years no.