Application that fell short of the five year continuous period – but got approved!

It has just been five weeks since our life in the UK changed from full uncertainties to worry free stress-free and full of good expectations, just because our application for Permanent Residency has been approved 20th of May 2011.

I started browsing UKBA website after I was told that I have to apply for extension because my length of stay will not meet the five years requirement to qualify for Indefinite Leave to Remain application. I was hired by my employer from the Philippines to work as an Assistant Store Manager in one of his shops in Belfast. I was given a visa under work permit category last June 6, 2006. I entered the UK last July 28, 2006.Which was short of 54 days to complete the five years requirement. I sought relevant information from forums and OISC approved consultants but none gave me concrete answers regarding my status. Most of them recommended applying for extension using the Tier 2 General category but that would require loads of paperwork from my employer since my company did not apply for a license to sponsor because I was hired before the transition to points based system. My company did not pursue the application to get a license to sponsor Non-EU nationals which made me all the more eager to know everything about my case.

A lot of things changed since the introduction of the points based system, from fees going up and requirements getting harder to meet and pass the application. But these did not stop me from my own research. And then I saw the Immigration Directorate Instruction under the Policy and Laws of the UKBA website. I focused in Chapter 6A Section 2-Settlement. I may have found the answer under 5.2 – Application that fall short of the five year continuous period, but I need to be certain because I have three dependants who are with me here in the UK.

I again sought advice from an OISC approved consultant and show them the document I saw in the UKBA website. I took it that they only learned of the guide from the time I showed it to them because they seemed not to know about it. They said they would take my case but it is best to post it because it is the most practical thing to do since my case is not straightforward. But I don't want to wait that long. So I decided to book online and got an appointment (20th May 2011)for a premium application. I did not mind about the 28 days ruling to book for appointment. I need to apply before my visa expires so I pursued my appointment. A week before my appointment, I called the UKBA and asked if I can still go on with my appointment given my circumstances. At first they said no because the guide is only true for applicants under Tier 2 General category. But after an hour I received a call from them saying I can go on with my appointment and that my application should be straightforward.

The day before my application I checked the UKBA website again to check if everything was ok. I found out there is an updated Set O form to use, so I changed my form and fill it up once more. I made sure I had all the documents I need and have the photocopies ready,prepared them in such a way the caseworker will find it easy to browse the contents. Other pertinent were also with me in case they will ask for them

It pays to visit the website, consult a professional and call the UKBA enquiry office, complete and organize the documents,be confident, look smart and no questions asked, they handed me our passports after two hours of waiting.

Links: http://www.ukba.home...s/idichapter6a/

http://www.ukba.home...pdf?view=Binary