OLD WORK PERMIT

adilshahzaman · Post by **adilshahzaman** » Sun Feb 13, 2011 10:41 am

I am on a work permit for almost 4 years now, it was granted to me in july 2007 and expires in july 2012. will i qualify for indefinte leave to remain after this period or have the rules changed, it is so confusing this whole transitional arrangment rules, can anyone help. I know I've still got another year but its so confusing that it has started bothering me now.

AUHS · Post by **AUHS** » Sun Feb 13, 2011 12:31 pm

I think for ILR you will need another 1 year to complete 5 years.
You will have to switch Tier2 general by using transational arrangements.

Does your employer has a Tier 2 sponsor license?

Post by **geriatrix** » Sun Feb 13, 2011 12:40 pm

AUHS wrote:I think for ILR you will need another 1 year to complete 5 years.
You will have to switch Tier2 general by using transational arrangements.

Does your employer has a Tier 2 sponsor license?

Why?

adilshahzaman wrote:it was granted to me in july 2007 and expires in july 2012.

adilshahzaman, nothing to worry about since Tier 2 rules do not apply to you. And there has been no change in WP rules.

regards

adilshahzaman · Post by **adilshahzaman** » Sun Feb 13, 2011 2:06 pm

Thanx sushdmehta

So that means even my sponsor does not need a liscence before i make ilr application next year, because i remember this whole liscensing thing started a few months later after i got my work permit in july 2007.

AUHS · Post by **AUHS** » Sun Feb 13, 2011 4:20 pm

My mistake .I misunderstood that his work permit was issued for four years.

he is here from last four years and his visa will finish in July 2012 and by than he will complete his 5 years.

Also in this condition you don,t need to switch in Tier 2.Your sponsor has a license or not .It will not be a problem for you.

So no worries mate

adilshahzaman · Post by **adilshahzaman** » Sun Feb 13, 2011 4:45 pm

Nice one AUHS

thats a big relief.

omerabdul · Post by **omerabdul** » Sat Feb 19, 2011 12:51 am

Hi there,

I am on my work permit since Dec 2006 which was originally issued for 2 years. Then my employer extended it for me for another 5 years. I will be completing my 5 year qualifying period in Dec 2011. However my work permit doesnâ€™t run out until Dec 2013.

I will appreciate if any one can give me their advice on this. Would this be still ok for me to apply for my ILR by the end of this year?

Many thanks,
Omer

arsenal49 · Post by **arsenal49** » Sat Feb 19, 2011 1:33 pm

you will satisfy requirements as soon as you have completed 5 years on WP

regards

omerabdul · Post by **omerabdul** » Mon Feb 21, 2011 9:58 pm

Thanks for your reply arsenal, i shall apply TLR in Feb 2012.

Sorry, I have a related question. My wife is on her Tier1 General visa (NOT my dependant visa) which is valid until 01FEB2012. My son was born here in August 2010 who currently holds a dependent visa to my work permit.

my question is, would it be possible to include my wife as well in the ILR application as my dependent.
thanks

Post by **geriatrix** » Tue Feb 22, 2011 12:44 pm

omerabdul wrote:my question is, would it be possible to include my wife as well in the ILR application as my dependent.

No.

But if she changes her status to that of dependant of WP migrant (before you apply for settlement) by making an entry clearance application from outside the UK, she may then be included in your settlement application as a dependant (196D).

regards

omerabdul · Post by **omerabdul** » Thu Feb 24, 2011 11:43 pm

Thank you very much for your reply. Much appreciated.

grinconesmo · Post by **grinconesmo** » Sat Feb 26, 2011 11:49 am

Hi can anyone help? I was issue with a 5 year visa dated on 16th of March 2007 and expires on 16th of March 2012, my question is; could I apply for switching to the Tier 2 category now? or do I have to wait right before my visa expires, the company is the same that gave me the working visa and they are registered sponsor, they have not issue a COS (certificate of sponsorship) to anybody because I was the first non EU employee that they contracted back then, so they are also trying to find out whether to apply for the COS for me or wait before my visa expires, I would like to apply for ILR but I entered UK on the 19th of April 2007 meaning that the qualifiying period of 5 years for ILR will be on 19th of April 2012 and my visa expires 34 days before the date of my qualifiying date.

Thanks,

timarli · Post by **timarli** » Sat Feb 26, 2011 1:09 pm

grinconesmo wrote:Hi can anyone help? I was issue with a 5 year visa dated on 16th of March 2007 and expires on 16th of March 2012, my question is; could I apply for switching to the Tier 2 category now? or do I have to wait right before my visa expires, the company is the same that gave me the working visa and they are registered sponsor, they have not issue a COS (certificate of sponsorship) to anybody because I was the first non EU employee that they contracted back then, so they are also trying to find out whether to apply for the COS for me or wait before my visa expires, I would like to apply for ILR but I entered UK on the 19th of April 2007 meaning that the qualifiying period of 5 years for ILR will be on 19th of April 2012 and my visa expires 34 days before the date of my qualifiying date.

Thanks,

I'm in a similar position. I've got a 5 yrs WP issued in 10.2009 but I moved to the UK in 12 2009. there's a two months delay because of some problems beyond my control.

I remember someone giving a link on this forum to one of the immigration rules which I hope will be useful in my case (and looks like your case). According to this rule, ILR may be granted as long as the difference between issue date and the first entry date is less than 3 months. OFC in addition to the other requirements like 5 yrs residence as a worker etc.

kalidas · Post by **kalidas** » Wed Mar 02, 2011 6:46 am

sushdmehta wrote:
AUHS wrote:I think for ILR you will need another 1 year to complete 5 years.
You will have to switch Tier2 general by using transational arrangements.

Does your employer has a Tier 2 sponsor license?
Why?
adilshahzaman wrote:it was granted to me in july 2007 and expires in july 2012.
adilshahzaman, nothing to worry about since Tier 2 rules do not apply to you. And there has been no change in WP rules.

regards

sushdmehta, i am in same situation, switching from work permt to Tier 2. my company don't have the sponsor licence and my job not in list of shortage occupations.

still can i apply for Tier 2 ( with old workpermit rules) (for same job&company)

please clarify me.
Thanks.

Post by **vinny** » Wed Mar 02, 2011 10:39 am

See also Transitional arrangements for Tier 2.

Post by **geriatrix** » Wed Mar 02, 2011 4:26 pm

kalidas wrote:sushdmehta, i am in same situation, switching from work permt to Tier 2. my company don't have the sponsor licence and my job not in list of shortage occupations.

still can i apply for Tier 2 ( with old workpermit rules) (for same job&company)

The employer must have a Tier 2 licence to sponsor non-EEA migrants.

Also, if you have been in the UK on a WP leave that was valid for 5 years, then you cannot apply under the transitional arrangements

If you have been in the UK in an eligible category for five years or more and you want to extend your stay, you must meet the full requirements for scoring points under Tier 2 (General).

regards

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