ILR after two lots of discretionary leave

[EmilyJane]

Hello,

I would welcome any advice. I am completing set o forms after two lots of discretionary leave which was granted outside the rules. I am stuck when in comes to pages 18-19, I do not understand the meaning of them, it says you must complete the following 5 boxes if you are applying as a work permit holder - I do work, but don't think that applies to me. I have a residence permit. Can I just move on to pages 20, as this does not (I think) apply to me.

Sorry to sound baffled, but I am a little.

[CR001]

Only complete what is relevant to you. Ignore section for work permit/Tier 1 General/Tier 2 General etc applicants.

[EmilyJane]

Please confirm that I can continue to work while I wait for my ILR to be granted, as long as I apply before the date of my visa expires. My employers are saying that work will terminate when my visa expires, I don't think they know the rules.

[CR001]

Yes you can as you will be protected by Section 3C.

You can also apply in person for a same day decision.

[EmilyJane]

Hi,
I am still working my way through this horrible papers. When it asks 'place of issue' for the residence permit, what do I put, just United Kingdom?

Sorry for all the questions.

[CR001]

Home Office London

[EmilyJane]

I think that I have just about completed this form, still baffled by section 5 though. I have put my monthly income down and how much rent I pay. Do I have to supply wage slips and bank statements etc with my application. I am applying under 'other' status.

[EmilyJane]

I have sent my forms off today, tracked, they will be at the HO by Monday, my discretionary leave does not expire until Tuesday. Now my employers tell me that I cannot remain there until I have news from the Home Office, I was sure I was entitled to remain in work. Devastated.

[CR001]

Your existing visa conditions continue. Google 'Section 3C' and it will tell you. Your employer can also use the employer checking service online.

[EmilyJane]

I have quoted section 3C to them and they will not listen, they say they are waiting until I have it in writing from Home office. I need my job.

[CR001]

Why didn't you apply in person?

Maybe you should print out the Section 3C blurb for them. I have included the link from the Legislation, so perhaps mention to them that it is a law not just a random made up word.

http://www.legislation.gov.uk/ukpga/1971/77/section/3C

3C Continuation of leave pending variation decision

(1)This section applies if—
(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,
(b)the application for variation is made before the leave expires, and
(c)the leave expires without the application for variation having been decided.
(2)The leave is extended by virtue of this section during any period when—
(a)the application for variation is neither decided nor withdrawn,
(b)an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought [F2, while the appellant is in the United Kingdom] against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), F3...
(c)an appeal under that section against that decision [F4, brought while the appellant is in the United Kingdom,] is pending (within the meaning of section 104 of that Act).

And give them the employer check service link, you do need a reference number from HO though.

https://www.gov.uk/employee-immigration ... ent-status

If they dismiss you, it would be an unfair dismissal, perhaps you should mention that to them, unless of course they are using your visa status/process to terminate you anyway, who knows.

[EmilyJane]

Thank you for that, no they have sent a letter of support to the home office telling them what as asset I am, they say they are covering themselves.

I did not apply in person as it was hard enough to raise the £2,297, besides the previous fees that I have paid.

Not sure what to do nest. My passport and permit are in with the application.

Thanks.

[CR001]

Show your employer what I last posted. I understand they are trying to cover themselves but they are not at any risk of a fine as you are not in the UK working illegally. Your immigration conditions are protected and continue.

[EmilyJane]

I sent them what you posted all the 3C rules, wrote to the head of the company, the money has been taken from my account, Application received on time. When my company went to Home Office they said they were told that the home office had no correlating application regarding to that tracking number. And issued them with a NV certificate and said that I am currently unable to work in the UK. So that leaves me in a mess.

[EmilyJane]

What is the point in a company applying for information about you ahead of the application being received by the Home Office? The woman who deals with HR at my company simply is out of her depth, but it leaves me in limbo. I have even been told today as I am ex military via an organisation who checked on it for me, that I am allowed to work, they even gave them a reference number and confirmed that I can work. This is so frustrating, she refers to what I have sent on 3C as hearsay. I just can't get it through to her at all, but she is holding all the cards and I am left without work.

[CR001]

It is not 'hearsay', it is in the legislation, i.e. law.

You might want to seek advice from CAB or ACAS and tell her will be seeking legal advice regarding your employment situation.

[EmilyJane]

My company, after much complaining to them, did a second check and it came back 'allowed to work' - I really had to stand my ground on this with them, they had simply applied too soon and took that response as definite. All sorted within the week, but it was such an unnecessary situation.

[CR001]

Glad it has worked out for you. Hopefully they apologise for the unnecessary stress they caused.

[KenBossini]

I am happy for you that the second check came back with a positive result. However, I am perplexed as to how the enquiry made by your company HR reached HO before your ILR application, given that HO had received your application before then.

Anyway, best wishes for your application.

K.