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ELIGIBILITY 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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adetinrin40
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ELIGIBILITY FOR ILR

Post by adetinrin40 » Mon Aug 26, 2013 10:18 pm

I got my initial work permit November 25 2008 and my current tier 2 expires October 4 2013.Though I already have sponsorship for another tier 2 as am a doctor in full time employment it seems unreasonable to g and spend that amount of money for just a few weeks of visa.
Can anyone advise if I am eligible for ILR yet.

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Post by geriatrix » Tue Aug 27, 2013 1:42 am

On what date did you enter UK in 2008 as a WP migrant?
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Post by adetinrin40 » Tue Aug 27, 2013 7:01 pm

entered UK on the 11th of December but got visa 25th of november

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Post by geriatrix » Tue Aug 27, 2013 7:37 pm

Apply for settlement. No extension needed.
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Post by adetinrin40 » Tue Aug 27, 2013 7:54 pm

But it is yet to be 5 years, 28 days from 5 years will be on the 25th of October, I have new sponsorship for a new job but it seems unreasonable since I am s close to getting my ILR to apply again for sponsorship,

not sure where I stand

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Post by geriatrix » Tue Aug 27, 2013 7:57 pm

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Post by adetinrin40 » Tue Aug 27, 2013 8:10 pm

as per this post my 5 years is from the 11th of December then not the 25th of novemebr when I had my visa.
But I can apply 28 days before then, so I still don't qualify for ILR now?
the post is not so clear to me, does the 3 month rule apply as I changed from work permit in 2010 august to tier 2 and have renewed this tier 2 several times fed up of doing this

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Post by geriatrix » Tue Aug 27, 2013 8:24 pm

Apply for settlement after 04-Sep and before expiry of current leave.
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Post by adetinrin40 » Tue Aug 27, 2013 8:28 pm

can you explain how you worked that out

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Post by adetinrin40 » Tue Aug 27, 2013 8:49 pm

pls kindly reply anyone, how did you work out the 4th of September rule?

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Post by Amber » Tue Aug 27, 2013 11:33 pm

You can apply for an extension by post and vary it to set(o) if you're short by only a few weeks.
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Post by vinny » Tue Aug 27, 2013 11:43 pm

When did you initially get entry clearance as a work permit holder?
When did you enter the UK?
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Post by Amber » Tue Aug 27, 2013 11:48 pm

From what I've gathered Vinny, EC on 25 November 2008 and entered 11 December 2008.
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Post by vinny » Tue Aug 27, 2013 11:54 pm

Thanks, Amber.

I think that obtaining a work permit and entry clearance was a two step process at that time. The entry clearance may have been after 25 November 2008? However, there's only a few days difference before entry.

So, you are probably right.
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Post by Amber » Wed Aug 28, 2013 12:09 am

You're likely right. You've been around a lot longer than me :wink:

I'm sure the OP will confirm but looks like he's slightly short?
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Post by adetinrin40 » Wed Aug 28, 2013 8:20 pm

should I apply for another tier 2 now and ILR 3 weeks after then

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Post by geriatrix » Wed Aug 28, 2013 8:34 pm

Questions -
1. If the OP entered within 90 days of being issued entry clearance and falls short of completing 5 years, why can't he apply for settlement on the dates mentioned?
2. Why does he need to apply for extension and then vary his application?
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adetinrin40
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Post by adetinrin40 » Wed Aug 28, 2013 9:02 pm

So can someone tell me when I can apply.

Tried to contact the home office for some answers even got my MP to write they don't answer call and they don't listen to people.
I by the rule of 5 years then I am eligible to apply from the 25th of October if we are going by entry clearance date but my visa runs out on the 4th of October I am 21 days short. I have employment however and can get sponsorship if needed but that means I will get s visa for 3 weeks and then get my ILR in 3 weeks it does not make sense to me.
I see no reason why I cant apply for ILR now, but need to confirm that I can go ahead but home office is not answering me what do I do

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Re: ELIGIBILITY FOR ILR

Post by vinny » Wed Aug 28, 2013 9:07 pm

adetinrin40 wrote:I got my initial work permit November 25 2008 and my current tier 2 expires October 4 2013.Though I already have sponsorship for another tier 2 as am a doctor in full time employment it seems unreasonable to g and spend that amount of money for just a few weeks of visa.
Can anyone advise if I am eligible for ILR yet.
sushdmehta wrote:Apply for settlement after 04-Sep and before expiry of current leave.
How did you get 4 Sep 2013?
25 November 2008 minus 28 days = 28 October 2013.

Another option is if the OP applies for ILR by post prior to 4 Oct 2013 and the date of decision is after s/he completes her/his qualifying period, then s/he may still be okay.
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Post by adetinrin40 » Wed Aug 28, 2013 9:57 pm

meaning date of decision after 28th of October, cant really afford to do that so I guess will have to apply for TIER 2 via another sponsor till the 28th of October 3 weeks and then apply for ILR on the 28th of October 2013.

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Post by Amber » Wed Aug 28, 2013 10:20 pm

adetinrin40 wrote:meaning date of decision after 28th of October, cant really afford to do that so I guess will have to apply for TIER 2 via another sponsor till the 28th of October 3 weeks and then apply for ILR on the 28th of October 2013.
Vinny means if you apply for ILR early (by the expiry of your current visa) then by the time they look at your application, hopefully it'll be after 28 October and thus you'll have satisfied the 5 years. Or you could apply for an extension on 3rd and vary on 28 th October?
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Post by Amber » Thu Oct 17, 2013 9:13 am

adetinrin40 wrote:I have taken my Life in the UK test,
I believe my 5 year eligibility starts from the 28th of October 2013 as I got my initial work permit on the 25th of October 2008 and got an extension of my clearance only in September to make up this 5 years.
Now with this English language requirement am not sure what to do, I have a qualification taught in English from my home country in Nigeria, frankly my English is better than most British people why do I have to go back and take IELTS or some funny English qualification.

It is so appalling as well that the information from the website with regards to this new requirements is not written clearly either it is difficult to know if I qualify or not can someone help please
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Post by Amber » Thu Oct 17, 2013 9:15 am

You can use the old forms for 21 days following 28-Oct-2013.

Furthermore, if you satisfied a B1 English requirement for EC that would suffice the new additional B1 requirements, also, if you have a NARIC comparable degree which was taught in English, that would also suffice.
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Post by Amber » Sat Oct 26, 2013 8:43 am

adetinrin40 wrote:When am I eligible initial work permit 25th November 2008 entered uk 12th December 2008.
Now on tier 2 visa when am I eligible for ILR is it from the 28th of October 2013 as I have read on the forum an apply 28 days before initial entry clearance.
Also have meet the English language requirements for tier 2 as degree is equivalent to uk bachelors do I need any other evidence.
Thanks,
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Post by Amber » Tue Oct 29, 2013 10:01 pm

adetinrin40 wrote:booked my appointment before this English language palava and want to reschedule how do I do that,
ope
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