ILR Application Query

[Gman]

Hi there.
I have a query regarding timing of ILR application.

I have arrived in the UK on September 2001 with a student visa to attend a post-grad programme. Upon finishing the programme I started working with a Work Permit. My work permit was granted on August 2002 and I started working in September 2002. Though, I got my FLR in November 2002 as I guess my employer applied for FLR once I started working.

Anyway my question is when can I apply for ILR. My understanding was that I can apply after 4 years of employment but can someone please advise?

Meanwhile I have to say that I just found out about this website and am very impressed. Well done to all involved!

Many thanks.

[John]

Gman, the current visa in your passport started from when? Will end when?

I got my FLR in November 2002 as I guess my employer applied for FLR once I started working.

Wouldn't that have been your responsibility?

In any case any time in the UK on a student visa does not count towards ILR (but see below). So the ILR application can be made no earlier than 28 days before the start date of your current (or earliest) employment visa.

Time in the UK on a student visa only helps an ILR application under the 10-year rule or 14-year rule. It cannot help with any other type of ILR application.

[MWazir]

Wouldn't that have been your responsibility?

John,
Many employers take the responsibility upon themselves to submit the FLR. They take the employee's passport and the Work Permit + the FLR is done by the employer's representative - usually an immigration solictor.

[tvt]

In those days (2002), FLR application was not a separate part of the WP application. However the decision was made in two stages:

1. WP stage - usually decided within days of the application being made. After your WP was approved you were able to work until a decision in the following stage was reached.

2. Immigration or FLR stage.

Only time spent after the second stage is relevant for ILR purposes. As until that time your immigration status remained the same as it was before (Student).

To be on the safe side you might want to ask the IND policy department for their advice. Please keep this forum informed about the outcome.