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ILR qualifying time for WP

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malita
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ILR qualifying time for WP

Post by malita » Sat May 19, 2007 9:43 pm

Hi, could anyone help me. Would like to know if I qualify in the 5 years time WP for ILR if
I started working in my current job as a dependent of a student holder visa for one year, after that my boss apply for WP and I have been with it for three years and a half.
I would like if I will be able to apply in 6 months or if I have to wait longer.

Thanks

John
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United Kingdom

Post by John » Sat May 19, 2007 10:25 pm

After your employer got the WP, you applied for a new visa, yes? If so I think your 5-year qualifying period started with the issue of that new visa. You can apply for ILR (assuming by then you have passed the Citizenship Test) in the last 28 days before the 5th anniversary of the start date on that new visa, issued shortly after the WP issued.
John

olisun
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Post by olisun » Sat May 19, 2007 10:42 pm

John wrote:After your employer got the WP, you applied for a new visa, yes? If so I think your 5-year qualifying period started with the issue of that new visa. You can apply for ILR (assuming by then you have passed the Citizenship Test) in the last 28 days before the 5th anniversary of the start date on that new visa, issued shortly after the WP issued.
Yes it starts with the issue of the new visa... Unfortunately time spent under dependant visa does not count towards ILR

malita
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Post by malita » Sun May 20, 2007 10:42 pm

I understand what you say. But why does not the qualifiying time start since I begin working for these employer if I didnt have any work restrictions.

SYH
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Post by SYH » Sun May 20, 2007 10:50 pm

Because that's how the HO calculates the qualifying period.
If you look at the application it explains what you can stack together and dependant visa time can not be aggregated with work visa time.

malita
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Post by malita » Sun May 20, 2007 11:01 pm

I know, I just hoped I didnt have to wait for one more year. I have been in UK for 6 years. Hopefully they wont decide to change things again.
Thanks for the information anyway. :)

pantaiema
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Logical explanation

Post by pantaiema » Mon May 21, 2007 7:19 pm

Logical explanation

If your husband/wife have been on the student VISA for 5 years, it means you could work without restriction for 5 years, right ?.

If time spent on dependant VISA was counted toward ILR it means after 5 years, you could have applied for ILR. By then your husband/wife could switch to your depandant and do not need student any visa anymore.

So any students with his/her partners dependant could get ILR in 5 years, hihgly unlikely. ........

Is that make sense ??

Pantaiema
malita wrote:I understand what you say. But why does not the qualifiying time start since I begin working for these employer if I didnt have any work restrictions.
Last edited by pantaiema on Tue May 22, 2007 5:51 pm, edited 2 times in total.

jes2jes
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Post by jes2jes » Tue May 22, 2007 2:11 pm

olisun wrote:
John wrote:After your employer got the WP, you applied for a new visa, yes? If so I think your 5-year qualifying period started with the issue of that new visa. You can apply for ILR (assuming by then you have passed the Citizenship Test) in the last 28 days before the 5th anniversary of the start date on that new visa, issued shortly after the WP issued.
Yes it starts with the issue of the new visa... Unfortunately time spent under dependant visa does not count towards ILR
This is not entirely true. It counts under the 10-year Rule Mate!
Praise The Lord!!!!

olisun
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Post by olisun » Tue May 22, 2007 2:49 pm

jes2jes wrote:
olisun wrote:
John wrote:After your employer got the WP, you applied for a new visa, yes? If so I think your 5-year qualifying period started with the issue of that new visa. You can apply for ILR (assuming by then you have passed the Citizenship Test) in the last 28 days before the 5th anniversary of the start date on that new visa, issued shortly after the WP issued.
Yes it starts with the issue of the new visa... Unfortunately time spent under dependant visa does not count towards ILR
This is not entirely true. It counts under the 10-year Rule Mate!
Well my answer was in direct response to the OP's question regarding eligibility for ILR under the 5 yr rule.

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