Thai Worker In Uk Looking For Ilr

[Trebilcock]

Hi. we have a Thai friend who has been working as a cook in the UK for about 7 years and is now hoping to get Indefinite Leave to Remain. Just passed the Life in the UK test, but not quite sure under what category he could apply for ILR. Form SET (O) looks the best bet, but what are his chances? Aren't the UK Border Agency setting limits or quotas on non-EU nationals, or maybe that doesn't apply for those already here? Can anbody advise, please? Thanks for any help.

http://www.ukba.homeoffice.gov.uk/ukreside...plicationtypes/

Edited December 19, 2008 by Trebilcock

[7by7]

What is his current status in the UK? If he is a work permit holder then yes, form SET(O) is the correct form.

As to his chances, if he qualifies and shows that he does then he will get it. I am not aware of any quota for ILR applicant.

See Completing application form SET(O)

[Eff1n2ret]

If he had a Work Permit, these are the requirements set out in the Rules:

"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."

The requirements of para 128(i) to (v) are just the basic requirements for a work-permit holder. He still requires the endorsement/support of his current employer, although once granted ILR he'll be able to work wherever he chooses.

SET O looks like the right form.

[Trebilcock]

Thanks for both replies here. Much obliged. Since discovered that he will have had his Work Permit for 5 years in April, so will apply then using SET (O).