ILR, is it true?

[Swan]

Hi everyone
I heard somthing very wierd recently about ILR

a friend who's under WP employment was told from HO that she will not be able to apply for ILR under the 5 years WP rule until her new WP visa expires (will expire about a year after she would have completed the 5 years) which basically means:

if you have a WP for 3 years, then a new one for another 3 years you won't be able to apply until the second one is about to expire??? (which means you would have waited 6 years !!)

how true is that ? or did she just misunderstand the HO letter,

if it's true does this also apply to the 10 years long residency ILR ??

Thanks a lot

[Dawie]

I'm afraid either your friend or the home office is lying, or, more likely, your friend has misunderstood the Home Office, or the Home Office has misunderstood your friend.

Once you qualify for ILR it doesn't matter how much FLR you have left. In fact, in order to apply for ILR you HAVE TO have current FLR remaining or else you cannot apply. If what your friend is saying was true then nobody would ever qualify for ILR.

I myself received ILR with well over a year remaining on my work permit and, as any search on this board would show, so have many other people on this board.

[stedman]

When I got ILR last year I had over 2 years left of HSMP, and I got the ILR based on 10 year residency.

[first2last4]

I would take this as another rumour attack on this board....

[Swan]

Thank you Dawie and everyone for your replies, what you said makes more sense to me, I am going to ask my friend to contact HO again and ask for clarification.
again thank you for your quick replies
Swan