Uk Residency question

[John.C]

I am asking a question on behalf of my friend. She has been working in the UK since 2006. Her first visa ran from 23 August 2006 to 23 August 2009. However, she then changed employers and her second visa was not issued until November 2009, and runs to November 2014.
Will she be able apply for UK residency in July 2011 or not? Thanks.

[James Hubbard]

Where's Joe Bloggs! He can answer this :):xxgrinning--00xx3:

[John.C]

Where's Joe Bloggs! He can answer this :):xxgrinning--00xx3:

Thank you. I will wait patiently:Jump: for Joe Bloggs. Unless anybody else knows about these things?

[rusty]

I think the information can be found at this link http://www.ukba.homeoffice.gov.uk/policyandlaw/immigrationlaw/immigrationrules/part5/

Where was she between the dates of the new visa being issued? If she was lawfully in the UK then she should be able to apply in 2011. :xxgrinning--00xx3:


it says...
Indefinite leave to remain for a work permit holder

134. Indefinite leave to remain may be granted on application to a person provided:

(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);
(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;
(iii) he is still required for the employment in question, as certified by his employer; and
(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.

[John.C]

Thank you Rusty.
She was in the UK throughout so this looks hopefull. Will keep my fingers crossed.:)

[John.C]

Would I be correct in thinking that my friend will also need to take the Life in the UK test before she applies for Indefinite leave to remain? Would it be a good idea to take that soon, rather than waiting till next year?
Thanks.

[joebloggs]

had her first visa expired before she applied for the second visa ?

yes she will have to pass the life in uk test,

if she eligible to apply for ILR, then she should apply as always ASAP for any type of visa, because of future changes in immigration law or risks of her loosing her job and then having problems finding another..

[John.C]

joe - Thanks for your reply.

Yes, her first visa expired before she applied for the second one. I think the communication with (from) her first employer was poor. My friend thought everything was in hand and then discovered at a very late stage that her contract would not be renewed, leaving her to find a new employer. I realise you don't have all the details but do you think there a prospect of her applying for residency in July 2011? Are the Home Office willing to discuss questions like this by e-mail ahead of time? Thanks.

[joebloggs]

do you know how many days had passed after her visa expired before she found a new employer?
28 days or more?, i think there is a chance that they will say her visa had expired, so there is a break in her employment and so she will not be able to apply for residency in july 2011.

but check with the advice line, yes you can email the advice line, or even better just give them a call, they shouldn't ask for your details etc..

is your friend in a relationship with anyone in the uk, i'm asking because she might be able to apply for a different type of visa (unmarried partner) ?

[John.C]

It was more than 28 days - approx 2 months. No - she is not in a relationship. I have suggested phoning the home office to her but of course next move is up to her. I very much appreciate the help and suggestions in this thread :xxgrinning--00xx3:

[katie37pinayuk]

hi all. i am all booked to apply for my ILR on 24th of September '10, and i came across this thread which made me doubt my eligibility to apply.

i am on the same situation as John C.'s friend. it is my 5th year now = 2yrs with 1st employer + 3 yrs with my 2nd employer. my 1st work permit and visa expired on 15th Aug 2007. my 2nd work permit was released to my employer's head office on the 24th Aug 2007, i was only able to apply for my FLR (IED) on the 1st week of Sept 2007 so my visa was issued on the 27th Sept 2007.


now i don't know whether to cancel my appointment at the Home Office or not. please if someone can help me, i would appreciate very much. thanks

[joebloggs]

As long as the new Tier 2 application reaches UKBA before expiry of current leave, there is no gap in residency and therefore will not affect settlement application.

i would phone ukba and check be you waste your money :NoNo:

[katie37pinayuk]

As long as the new Tier 2 application reaches UKBA before expiry of current leave, there is no gap in residency and therefore will not affect settlement application.

i would phone ukba and check be you waste your money :NoNo:

thanks joe. i would call ukba.

but when you say Tier 2 does it refer to work permit? i was still issued a work permit on 2007. certainly my most recent work permit application reached UKBA prior to first working visa expired...only my application for FLR reached UKBA after expiry of current leave. i thought that it won't affect my settlement application as UKBA granted me new leave even current was expired then.

but you're right better to call.

[joebloggs]

if your unsure of the dates etc you can ask for a SAR

http://www.ukba.homeoffice.gov.uk/navigation/personal-data/

yes the name workpermit is no longer used its tier 2 now..

i think you should be ok, but i would call them, becuase you dont want to lose nearly £1,100 :yikes: