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When to apply for ILR

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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ScorpStar
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Posts: 1
Joined: Thu Feb 28, 2013 3:44 pm

When to apply for ILR

Post by ScorpStar » Thu Feb 28, 2013 4:17 pm

We are planning to apply for ILR so have accumulated all information using SAR (as stated below). I wanted to know when is the earliest date that we can apply for ILR.

Work Permit Entry Clearance Application
Application Date: 21-Feb-06
Visa Issue Date: 13-Mar-06
Visa Expiry Date: 13-Mar-07

Entered UK on 19-Mar-06

FLR Application
Application Date: 12-Mar-07
Visa Issue Date: 23-Apr-07
Visa Expiry Date: 13-Mar-08

FLR Application
Application Date: 19-Mar-08
Visa Issue Date: 23-Apr-08
Visa Expiry Date: 23-Mar-09

However the application was for a 5 year FLR so sent passport back. The FLR visa sticker was stamped ‘Endorsed in Error. Please use subsequent endorsement on pg__’ and new Visa was put in.
Visa Issue Date: 28-May-08
Visa Expiry Date: 13-Mar-13

Left UK Due to end of contract on 30-Jun-09

Continued working with the same employer in home country. Quit Job on 23-Sep-09. This was informed to UKBA on 27 Apr 10

Tier 2 General Entry Clearance Application
Application Date: 28-Sep-09
Visa Issue Date: 01-Oct-09
Visa Expiry Date: 01-Nov-12

Entered UK on 09-Oct-09 (out of country for 100 days)

Tier 2 General FLR Application
Application Date: 28-Aug-12
Visa Issue Date: 29-Aug-12
Visa Expiry Date: 13-Nov-15

We had applied for ILR in March 2011 but was rejected due to gaps in visa (2007, 2008). Was informed that the last visa was issued on 28 May 2008 so need to wait till then for new application.

After reading a lot of posts on this very helpful forum I feel that we are currently eligible for the ILR application (visa gaps less than 28 days, time out of UK less than 180 days) but as we have once been rejected I would like to be certain before making another application.

The point that is currently worrying me is the change of employer while in home country. We do have letters from the employer stating the date of resignation as well as it being stated in the file report in the SAR. The gap between the 2 employments is less than 20 days but as we were out of UK at that point of time, can it be considered as a break in stay?

Highly appreciate any and all advice. Thanks

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