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Qualifying period for indefinite leave to remain

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Pablochenco
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Posts: 6
Joined: Sat Feb 04, 2012 6:07 pm
Location: England

Qualifying period for indefinite leave to remain

Post by Pablochenco » Sun Jun 10, 2012 8:48 am

Further to my earlier post on the above subject, going through my work permit and my further leave to remain issued in 2007, i discovered that my work permit confirmation letter was issued/dated 04/07/2007 while my further leave to remain letter was issued/dated 31/07/2007.

On my visa page it was stamped to valid untill 31/07/2012. However since leaving my employer in 2010, i had since switch to Tier 1 General hence i am due to apply for ILR under the five years rule

My question/confusion is

1. Can i count my 28days from the date of the issuance of the work permit letter which is the 04/07/07 or the date from which my further leave to remain was granted, which is 31/07/07?

Any advise to this effect will be highly appreciated as i have already made a PEO appointment at the end of this month

Kind regards

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Re: Qualifying period for indefinite leave to remain

Post by cs95tdg » Sun Jun 10, 2012 9:48 am

Pablochenco wrote:Further to my earlier post on the above subject, going through my work permit and my further leave to remain issued in 2007, i discovered that my work permit confirmation letter was issued/dated 04/07/2007 while my further leave to remain letter was issued/dated 31/07/2007.

On my visa page it was stamped to valid untill 31/07/2012. However since leaving my employer in 2010, i had since switch to Tier 1 General hence i am due to apply for ILR under the five years rule

My question/confusion is

1. Can i count my 28days from the date of the issuance of the work permit letter which is the 04/07/07 or the date from which my further leave to remain was granted, which is 31/07/07?

Any advise to this effect will be highly appreciated as i have already made a PEO appointment at the end of this month

Kind regards
The simple answer to the question about whether the Work Permit "date of Issue" can be used is NO (it has no bearing). It is either the "EC date" or the "Date of entry" that would be considered for residency.

But for a conclusive answer as to when you will be eligible the following information is required.
1) What was your date of Entry to the UK.
2) What date does your current Tier 1 General "leave to remain" expire?

Pablochenco
Newly Registered
Posts: 6
Joined: Sat Feb 04, 2012 6:07 pm
Location: England

Post by Pablochenco » Sun Jun 10, 2012 2:11 pm

Apology for not giving the full info.

I got my work permit in-country after graduating from the University here in England in 2007. and my current Tier 1 Gen visa expires in December 2013

Though they delay in approving my Tier 1 Gen application which i put-in in March 2010 after leaving the company untill December 2010

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 6:55 pm
Location: London

Post by cs95tdg » Sun Jun 10, 2012 3:16 pm

As your time in the UK as a student will not count towards your ILR residency as an economic migrant, and because your leave to remain in the UK as a Work Permit Holder began on 31/07/07 this is the date you should use to determine when you are eligible for ILR.

Work Permit residency period: 31/07/2007 to ??/12/2010 (to Tier 1 Application Approval Date)
Did you submit an in-country application to Switch from WP to Tier 1 in ??/03/2010? I.e. therefore no break in UK residency.
Tier 1 General Visa which you are currently on: ??/12/2010 to ??/12/2013

If my summarised understanding of your residency is correct you will be eligible to apply for ILR 28 days before the 5th anniversary from 31/07/2007 (i.e. 31/07/2012 - 28days), so long as you have met all other requirements for ILR.

geriatrix
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Location: does it matter?
United Kingdom

Post by geriatrix » Sun Jun 10, 2012 6:27 pm

It will be best if you continue in the existing topic.
Life isn't fair, but you can be!

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