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Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7711
Experience:  UK Lawyer holding practising certficate for England & Wales.
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Hello. I have a question about Japanese women. Does she have

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Hello. I have a question about Japanese women. Does she have rights to apply for ILR if for last 9 years she spend 1657 days in UK,, 1319 days in South Ireland and 363 days in Japan. Thank you very much

Time spent in Europe/Republic of Ireland is not applicable to rights to LIR.

Has she resided in the UK for the past 5 years? If so, please state what visa(s) she has held during this time.

Kind regards,

Customer: replied 4 years ago.

her time in UK is

06/06/04-06/06/05 charity visa (volunteer)

04/01/07-19/02/09 charity visa ( volunteer)

01/10/12-now charity visa (volunteer)

the organisation can provide sponsorship certificate, as she has no money to go back to Japan and she has no place to stay there for waiting for other visa, is there are any possibility to extend her charity visa without leaving UK but on legal base.

Thank you very much.


Hi Yana,

Do you mean she is here as a temporary work for a charity under Tier 5, as here:-

OR is she working under another category of working visa (perhaps as a Tier 2 Skilled worker):-

I need to know to give you the correct answer...

Kind regards,

Customer: replied 4 years ago.

Hi, Tom

She has Tier 5 charity worker visa

thank you


Hi Yana,

Is she in a relationship with any one in the UK?

Does she have minor-age children that reside in the UK?

Kind regards,

Customer: replied 4 years ago.

No. she had a relationship in Scotland, but it is over ( unfortunately). no children... only a great reputation and reference as a great worker with people with special needs...she has a nurse licence of Japan but it can't be recognizable in UK. But she will start NVQ 3 in care and support worker in our organisation when she will have proper status. If there are any possibility when she can be one to one support worker in our organisation as at this moment we have an autistic person with whom only she can manage to work and it can help the process to improve here status.

Thank you


Hi Yana,

Do you mean that you propose to ultimately employ her?

Kind regards,

Customer: replied 4 years ago.

yes, but she can stay as a co-worker in our organisation ( CVT) camphill community Botton Village as she have no intention to be employee in the future. but if it is needed for here situation we can support this way too.


Hi Yana,

Drafting your answer now.

5 Mins.


Thanks for your patience.

I am afraid that the first thing to say is that she does not qualify for ILR and whilst she remains as a temporary work on a Tier 5 visa she does not have any future prospect of becoming entitled to ILR.

This is because Tier 5 is not a visa category which affords a person a right to apply for ILR (ie. Settlement) after a certain amount of time spent in the UK. You will find unfortunate confirmation of this here:-

Therefore, unless she changes to a visa category which gives her a right to apply for settlement after a specific period of time (usually 5 years residence) then she will remain in this position I’m afraid.

Unless she has considerable monies to invest in the UK economy (ie. £200,000.00) then the most conspicuous way forward would be to secure a job offer form a licensed sponsor of Tier 2 Sponsored Skilled Workers, so that she can apply for Tier 2 visa
You will have to see if there is the job she would do is on the shortage occupation list:-

She would have to then secure a job offer from a UK employer who is or would become a licensed sponsor of skilled migrants:-

If your job is not on this list then this means that the employer would have to apply to become a licensed sponsor of skilled migrants and also confirm to the UKBA that they have carried out a the Resident Labour Market Test. This test is effectively to show that their are no resident/eea national in the locality that can perform the role at the salary offered.

If they are willing to sponsor then he then she will also have to meet the requisite number of points under the Tier 2 points based system:-

You will see at the top right hand side there is an option to use their calculator to work out how many points you are eligible for.

There is lots of information on Tier 2 Sponsored Skilled Workers visas here:-

If she is able to switch to a Tier 2 visa then after she has been on this for 5 years she will be able to apply for ILR.

Unless she changes her immigration category or her relationship status changes then I’m afraid that she is stuck in her current position, although I am very sorry to say so.

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Kind regards,

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