Am I staying Illegall?

yskabeche · Post by **yskabeche** » Sat Mar 08, 2008 5:50 pm

I am working In a nursing home as a nurse I've got a 5 year visa that will expire in two years time. Unfortunately, I resigned from work for a month now ( feb 2008 ) I applied for a job in a hospital I had my interview and still waiting if I get the job. I am really worried about my status now here in UK since I am not working right now? Please I need advice.

Thanks

paulp · Post by **paulp** » Sat Mar 08, 2008 6:39 pm

What visa are you on?

yskabeche · Post by **yskabeche** » Sat Mar 08, 2008 10:20 pm

paulp wrote:What visa are you on?

I am on a working permit visa issued on 2005.

paulp · Post by **paulp** » Sat Mar 08, 2008 10:49 pm

At this point, you have two choices: (a) get in touch with the HO and let them know the situation or (b) keep mum about it, hope you get the new work permit quickly and hope it never comes up again. What do the other regulars think about this?

yskabeche · Post by **yskabeche** » Sat Mar 08, 2008 11:50 pm

What do the other regulars think about this?
what do you mean by that?

I am really worried as well that if I can't get a job soon I heard that the HO will remove the nursing occupations in national shortage list for work permits.

so you think i am staying in UK illegally right now?

thirdwave · Post by **thirdwave** » Sun Mar 09, 2008 12:00 am

yskabeche wrote:I am working In a nursing home as a nurse I've got a 5 year visa that will expire in two years time. Unfortunately, I resigned from work for a month now ( feb 2008 ) I applied for a job in a hospital I had my interview and still waiting if I get the job. I am really worried about my status now here in UK since I am not working right now? Please I need advice.

Thanks

Your current FLR would be invalid 28 days after you left your job as it was granted on the basis of the WP. I suspect your stay might could be deemed illegal unless you let the HO know (who would probably ask you to leave unless you have other grounds to stay) or make a fresh application asap. If you choose not to do so, you might encounter problems when reapplying for FLR later on (plus your ILR clock will be reset)

Are you sure your previous employer has not notified the Home Office already?

paulp · Post by **paulp** » Sun Mar 09, 2008 1:14 am

yskabeche wrote:I am really worried as well that if I can't get a job soon I heard that the HO will remove the nursing occupations in national shortage list for work permits.

so you think i am staying in UK illegally right now?

I think that your visa becomes technically invalid 28 days after you resigned. However, I don't think that you officially become illegal until the HO curtails your visa and you overstay.

However, if you stay past the 28 days you may have problems getting your next visa or when applying for ILR.

yskabeche · Post by **yskabeche** » Sun Mar 09, 2008 7:18 pm

You mean that if I apply for ILR in 2 years time my 3 years of working here won't be counted bec I change job?

Is it easy to get a work permit again since the hospital I am applying right now called me and want my service asap? Do you think I am included now in the new system?

thirdwave · Post by **thirdwave** » Sun Mar 09, 2008 7:45 pm

yskabeche wrote:You mean that if I apply for ILR in 2 years time my 3 years of working here won't be counted bec I change job?

Is it easy to get a work permit again since the hospital I am applying right now called me and want my service asap? Do you think I am included now in the new system?

They would have to apply for a WP on your behalf asap. When did you leave your preious job?

paulp · Post by **paulp** » Sun Mar 09, 2008 10:27 pm

yskabeche wrote:You mean that if I apply for ILR in 2 years time my 3 years of working here won't be counted bec I change job?

Is it easy to get a work permit again since the hospital I am applying right now called me and want my service asap? Do you think I am included now in the new system?

It's 5 years of continuous WP or WP+HSMP to get ILR. The longer the break (above the 28 days) between work permits, the higher the chance of getting a refusal. It's not clear cut because it depends if your previous employer notified the HO that you resigned, whether this comes to the attention of the caseworker when you apply for ILR and whether the caseworker decides to use his discretion.

It's all a matter of probabilities, so to maximise your chances, get that next WP asap. It should be easier if the job description is the same as your employer won't have to justify why there aren't any suitable British/EU candidates the second time.

mishragreat · Post by **mishragreat** » Mon Mar 10, 2008 9:24 am

Hi,
Few points. Your previous employer generally requests the Home office to terminate your work permit in case of ceasation of employment. If he hasnt then HO is unaware unless you tell them that you are out of job.

Secondly even if your workpermit is terminated your existing VISA is remain VALID unless home office specifically curtails it and informs you. They are lazy enough. So dont worry on that front.

How ever if you are out of UK and your Work permit has been terminated on employers request you may be refused entry at the port of entry.

This is all I know from experiences of some of my friends.

joe777 · Post by **joe777** » Mon Mar 10, 2008 2:28 pm

if its an NHS hospital, i'm sure they will want to see evidence you are allowed to work in the uk, your passport and/or a letter from the home office.

when my wife applied for a job in the nhs, she went for an interview, then when she was offered the job, they wanted to see her qualifications, her passport, and evidence she was allowed to work in the uk, they even wanted to see my british passport

Immigrationboards.com: Immigration, work visa and work permit discussion board

Am I staying Illegall?

Am I staying Illegall?

Re: I am illegal?

Re: I am illegal?

Re: I am illegal?

Re: I am illegal?