WP - Change of Employer - ILR

[rob911]

Hi Guys, I have been part of the forum for a while and very impressed with the knowledge some people have on immigration matters. Hopefully you'll be able to give advice with my question.

I am a WP Holder (5 Years - with corresponding FLR), transferred from Student Visa. I am now in my 7th Year of stay in the UK and have never been in breach of Immigration Law. My Occupation is in the shortage list (Tier 1) but because of my job title, HO put me in Tier 2 when I was getting FLR - didn't notice this till a little later unfortunately (not too fussed about this though but ideally would want HO to amend this to reflect Tier 1- is this possible?).

Whilst working with Employer A, I have been head hunted and I'm tempted to accept an offer with Employer B. Employer B has also accepted to apply for my work permit, although they are not familiar with the process but are a reputable company established well over 3 years (therefore I assume HO would only grant WP for 18 months). This new employment is again in Tier 1 (on the shortage skills list).

Concerns:

Employer B wants me to work for them on a fly in fly out basis, meaning I work 5 weeks abroad and have a 2 week break in the UK- which is fine, don't mind doing this.

Employer A is UK Based and all my work would be in the UK. Similar work.

My reasons for wanting the change is the progression opportunity and salary, of course, with the prospect of internal transfers with Employer B to different countries etc. Employer B basically offers a more long term Career Path for me.

However I feel like I'm tempting fate and should stick with Employer A, as its stable and a more 'less hassle' route for long term stay in the UK as my immigration history has always been very straight forward.

The Snag:

As I am in my 7th year of legal stay, ideally 3 years from now (touch wood) I'd be interested in applying for my ILR; under 10 Year long stay (should it still be around?). Does my working 5 weeks away and only 2 weeks in the UK continuously affect my chances of ILR? This would seriously affect my absences from the UK- although it would be for work purposes, and I'd be able to back this up with a letter from Employer B at the time... should I go down this route.

Also I've noticed a few rumours knocking about that the 10 Year ILR Route being abolished; is this true? (well no one can really say if its true, but you know what I mean).

I can elaborate where necessary...

- Sounds like one for Victoria; or anyone else that can help??

[rob911]

Anyone?

[Siggi]

Rob911,
Unless I have missed something, why did you not applied for ILR at the five year mark?

[avjones]

Why don't you apply for ILR on the basis of a 5 year work permit?

Indefinite leave to remain for a work permit holder

134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:

(i) he has spent a continuous period of 5 years in the United Kingdom in this capacity; and

(ii) he has met the requirements of paragraph 128 (i) to (v) throughout the 5 year period; and

(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.

[rob911]

I could do that, but I get to 10 years of legal stay before 5 years on a work permit, so its the quicker route. 5 year on work permit would be five years from now, whereas I am in year 7 of legal stay.

My trouble is the absences that I would end up having if I take Job B - that requires me to be constantly out on site (abroad) on a 5 week on and 2 week off rotation (as specified in my original post).

Thanks

[VictoriaS]

I don't think you'd be able to get a work permit for this. The Home Office will only issue permits where the applicant is working full time in the UK. The only exception to this is the 'multiple entry' work permit which is for those who will only be spending 50 per cent of their time int he UK, and with this your chances of getting ILR at the end are slim.

I would actually stay put, at least until the new scheme is launched and you have more idea about what the requirements would be for ILR by the time you are eligible. I don't think moving is worth the risk.

You almost certainly would be out of the country too much to fullfil the residency requirement for ILR even if the work permit were granted.


Victoria

[rob911]

I see

[VictoriaS]

Aha! Okay, that does put a different slant on it. We're not sure whether or not you would get a special exemption when it comes to ILR, but you are working in a field where the Home Office do exercise some flexibility.

I assume that you are workign as a geologist now? What is your work pattern at the moment? Are you off shore for large amoutns of time at the moment?

Victoria

[rob911]

At the moment I am UK Based, with a Permit sponsored by Company A.

[VictoriaS]

If I were you, I'd go for it then. Carpe Diem!

If the company want any help with the application, please let me know.

Victoria

[rob911]

Cheers for the advice Victoria. It will come in handy I know a fair bit regarding visas/work permits and rarely seek advice, however, I wouldn't want to go solely on my knowledge (I'm not qualified to advise them anyway, I can only make sound judgement).

[VictoriaS]

It's in the IDI's, but these are being rewritten, and are not cast in stone.

Victoria

[avjones]

Carpe Diem!

Fish of the day?

[rob911]

Ok, will have a look at the IDI's

[avjones]

So if the IDI's are not set in stone, its basically a gamble to take a Job that requires one to be outside the UK 5 weeks on and 2 weeks off? Anyone know of the time limit allowed/not allowed to be out of the UK in order to qualify for ILR under the 10 Year Long Residency Rule?

The Immigration Rules define this:

(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or

(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or

(iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or

(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or

(v) has spent a total of more than 18 months absent from the United Kingdom during the period in question.

[ms_singh]

Dear All,

Recently I have got WP for 5 years and EC for 5 years.
The EC is valid from 22/11/2007 to 22/11/2012. However my company has postponed the joining date to 21/1/2008 and hence I am expecting to reach London by 16/1/2008. Hence entry clearance validity of nearly 2 months is wasted.

Now my question is how to cover this 2 months gap for applying ILR after 5 years or whether I need to go for another WP & EC extension for these 2 months.

Is there any chance of of postponing the EC entry & validity dates when I arrive in UK?

Kindly enlighten.

[vinny]

Is there any chance of of postponing the EC entry & validity dates when I arrive in UK?

See also 8.3 - Visas and Leave to Enter. There's no harm in asking the ECO or his manager.

[SYH]

Ok, will have a look at the IDI's

Its really rude to edit the info after others have answered based on that info, it also defeats the purpose of the forum to take other people's situation and learn from it.

[Siggi]

MS Singh, SYH is right to pull you up on protocol.

Non the less, if I was you, I would not be too concerned about the two month gap, as between now and when you apply for ILR many things will change.
So rather cross that bridge closer to the time either way you are entrering the UK on the 16/1/08 and that's when the clock starts to tick for ILR.