Getting EMPLOYMENT whilst WAITING for ILR Decision - HELP

[tinuo]

Hi There,

I recently submitted an application for indefinite leave using SET(O) application, after recently completing six years discretional leave under Article 8 - private life. I submitted three months ago, within the 28days before the expiry of my permit. I am currently searching for full-time employment in London and the only evidence I have to proof my eligibility to live and work in the UK are:

- Home Office acknowledgment letters and email
- Biometrics enrollment letter (which I've already completed)

I recently wrote to my local MP asking that he sends an enquiry to Home office asking that they provide the status of my application and eligibility to work in the UK, as my application is still within the six months policy. Upon receiving a response from him, I intend to take the letter along with the above documents to my interview. However, I worry that these may not be sufficient for the recruiter.

Are there any other actions you could suggest I employ in order to secure hiring managers trust?
PS: I have also been advised to give the employer Home Office (0300) helpline and Employer Checking Service link.

Thanks

[CeceBebe]

I'm in the same situation as you. Just recently sent off application and wanting to change work companies as I'm not happy with the current one. Would be good to know how to get around it. So just bumping.

[sarah888]

On your Home Office letters there should be your application reference number, the future employer will have to do a right to work check and will use this reference number during the check, the Home Office will send back either a positive or negative verification. if you have applied for ILR before your visa expired then you still hold the right to work whilst waiting for your ILR to be granted so it shouldn't be a problem if trying to a new job.

[CeceBebe]

Thank you sarah888

[tinuo]

Thanks Sarah...I've noticed that employers are not too worried about it.

[FaeLLe]

if you have applied for ILR before your visa expired then you still hold the right to work whilst waiting for your ILR to be granted so it shouldn't be a problem if trying to a new job.

Your visa status while you wait for a decision remains the same as what it was before you apply for ILR.
This means you are still restricted to work for only the same employer not any with the assumption that you *might* get ILR.

This is because Right to work check is only performed before you start work and if your ILR is rejected the new employer will be at risk of having hired an illegal worker.

In light of this you cannot and most likely will not be allowed to work without the ILR approval letter and BRP.

[tinuo]

FYI @FeaLLe some of the employers I have approached have been pretty accommodating and I haven't encountered any major problems in respect to this.

We should be mindful not to scare people and discourage people who are not as well informed as others. I'd suggest you carry out further research and be succinct with your knowledge before dispersing false information on a public forum.

PS: how do you expect people to survive for a period of six months, living in a turbulent and hostile economy? The answer simply is, they have to work!

[noajthan]

...

PS: how do you expect people to survive for a period of six months, living in a turbulent and hostile economy? The answer simply is, they have to work!

Employers being accommodating doesn' t mean they all know what they are doing and are following the strict regime vis a vis right to work.

This stark reality, which may or may not apply in every case, is of no interest to HO/UKVI and does not excuse non compliance with relevant Regulations.

Not everyone progresses to next level (ILR) anyway;
there are no guarantees until the proverbial fat lady sings (at citizenship ceremony).

[FaeLLe]

FYI @FeaLLe some of the employers I have approached have been pretty accommodating and I haven't encountered any major problems in respect to this.

We should be mindful not to scare people and discourage people who are not as well informed as others. I'd suggest you carry out further research and be succinct with your knowledge before dispersing false information on a public forum.

PS: how do you expect people to survive for a period of six months, living in a turbulent and hostile economy? The answer simply is, they have to work!

You think the Home Office cares how someone lives or not? It is the individuals responsibility.
Also if they worked while ILR was not approved then they are working illegally and if found (NI records) then it gives them a good reason to the in progress application and deport them.

Also just because someone let's you work illegally it doesn't mean the individual should; the law is clear you DO NOT have ILR till you have it... Till the application has a decision taken on it only your previous visa position applies.

If it is really urgent they can fork out the extra money to get a same day decision and in the larger scheme of things it is not a lot of money. They can just put it ok your credit card instead of stinging out.

[tinuo]

@noajthan and till proven guilty..(in this case unsuccessful) I would strongly advise people to keep pressing on. Confidence goes a long way during times like this and If ever in doubt, please seek the legal advice of a vetted and certified legal professional.

[noajthan]

@noajthan and till proven guilty..(in this case unsuccessful) I would strongly advise people to keep pressing on. Confidence goes a long way during times like this and If ever in doubt, please seek the legal advice of a vetted and certified legal professional.

Meeting relevant requirements and providing supporting evidence of that goes the full nine yards.

It goes without saying that a competent and experienced advisor, not simply 'qualified', can help in some cases.
It also should be clear that breach of Regulations even due to ignorance/'innocence' can have far-reaching consequences. The various Regulations (ILR, naturalisation etc) are clear about that.

[CeceBebe]

The problem that I'm faced with is that I work for a care company and when my visa expires they, apparently, won't be able to allocate me any work until I get my visa and they won't accept an email from immigration saying that they've received my application and it might take 6 months to get a decision. So from next week I'm gonna be in limbo and there's no clear answer about what I can do or what can/can't do.

[FaeLLe]

@noajthan and till proven guilty..(in this case unsuccessful) I would strongly advise people to keep pressing on. Confidence goes a long way during times like this and If ever in doubt, please seek the legal advice of a vetted and certified legal professional.

But we should never condone that they work with another employer while ILR is in progress because that is illegal and will mess up their ILR chances!