Post
by Mr Rusty » Tue Nov 20, 2007 1:54 pm
Hm, strange scenario, difficult to say what are your chances without a more detailed chronology, but the Rules say this:
"Requirements for an extension of stay for work permit employment
131. The requirements for an extension of stay to seek or take employment (unless the applicant is otherwise eligible for an extension of stay for employment under these Rules) are that the applicant:
(i) entered the United Kingdom with a valid work permit under paragraph 129; and
(ii) has written approval from the Home Office for the continuation of his employment;"
= plus the conditions which apply to getting a work permit visa in the first place
At face value, unless you applied for your spouse visa abroad, your original entry to the UK as a work permit holder should avail you, but if you travelled abroad and entered the UK with continuing leave as a spouse, they might say you don't qualify.
Would it be a huge problem for you to return to your own country and get the right Entry Clearance? That's the safest way.
What you have done is delayed your qualification for ILR, as the 5-year clock will start again from the grant of LTR or EC. Although you currently have LTR until September 2008, in this case you're probably better to get your status sorted sooner rather than later.
