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The new employer applied for WP3 in mid August 2004 .- When did you apply for WP3? (Jan 2005?)
I left for India on August 30th 2004 & returned on November 06 2004- When did you left for India - When did you returned?
I went to India and resigned from the Indian company and joined the new company from 09th November 2004.- Who was your employer between August 04 and the date you applied for the FLR related to WP3?
Unfortunately, the work permit is a stand alone document whose validity and duration do not depend on FLR (although you do need the FLR to be able to work). The work permit was valid for 12 months from the date it was issued, that is till August 2006. Bad news I'm afraid.deepakgeorge wrote:The case worker queried about the gap in work permit from August 2005 till January 2006. They say WP3 was approved in August and was for 1 year - Hence expired in August 2005. The next workpermit WP4 was applied in Jan 2006 And there is a gap of more than 5 months.
Myself and my employer was in the assumption that the work permit(WP3) is valid for 12 months from the day visa is stamped because the FLR was valid until 2006 and also the letter from Home Office which I received with the passport indicated that the approval length is 12 months. There was no valid until date then. I can see in the newwer documents that there is a valid until date..
This is the document which I got with the passport after FLR stamping. I thought this is also a work permit document. This document is issued on 09/02/2005 and is issued for 12 months. What does this 12 months mean?. I have removed all person identifiable information.Unfortunately, the work permit is a stand alone document whose validity and duration do not depend on FLR (although you do need the FLR to be able to work). The work permit was valid for 12 months from the date it was issued, that is till August 2006. Bad news I'm afraid.
Yes my new employer got an approval document in August which was sent with the passport for FLR stamping I believe. Unfortunately I don't have a copy of that document.paulp wrote:Indeed, that looks like a work permit. Did your employer receive anything when they got approval in Aug 2004? It looks like your case can be argued.
The other question that arises is when did you stop working for your previous employer (around Aug 2004 or later?)?
The caseworker could see on the computer system, the work permits issued in my name. She was writing the issued date & the duration of it. Hence she could see the gap. She did not look at the FLR stamping on my passport. She said that is the only thing she can see and she is not disputing about my stay during Aug to February.paulp wrote:How did the caseworker know that your new work permit was approved in Aug 2004? Was it on his computer system?
I can't remember about a start date mentioned on that document. But as you mentioned if this document shows that I have work permit for 12 months from 09/02/2005, I should be safe.There is something that doesn't fit quite right, if your employer got approval in 2004, did they mention a starting date? When you applied for FLR, you shouldn't have got a new work permit in Feb 05, it should have been issued in Aug 04. I think the HO may have made a mistake.
I will check with my employer on this.You can try to do a Subject Access Request to see what really happened but that will take 40 days.
Will probably do this. My employer is trying to check with his solicitor as wellAlternatively, you can apply by post and write a covering letter explaining that as far as you are aware, the document you showed is a valid work permit.
I am sure they have got a work permit approval document in August. I had this document when I went to Indian in August 2004.Can you ask your employer if they were actually issued a work permit in Aug 04?
As far as I understand, any employer can apply workpermit for me but I can start working with them only after I have applied for FLR with the new work permit.egg yolk said
Basically this is your situation:
When in August 2004 you were granted WP3, your employment with the previous employer terminated and you were expected to apply for FLR (in relation to that WP3) to commence employment or to obtain legal status.
I went to India on August 30, 2004. I came back on 06th November 2004. I came back on a saturday and applied for FLR on monday, November 08 2004. Home Office had delays then and took around 3 months to return my passport hence the visa is stamped in February.But you applied FLR3 in February 2005, so from August 2004 until February 2005 your stay was not accurately legal. Although you had leave from the previous WP2, it bears no significance once a new WP is issued.
Thus from August 2004 until February 2005 you were either not employed or did not have the correct documents (like FL3) to commence employment under the WP3 you received then.
I even thought when we apply for FLR, Home Office do check if I am an overstayer or worked illegaly. I am working with the new employer from November 2004 till date.That document you have shown here is a FLR document issued in February 2005. Its not the Work Permit document which your employer will have.
Hope this helps.
When did you apply for the flr on the 3rd wp?deepakgeorge wrote:I went today to apply for ILR taking appointment at PEO Birmingham
I am very disappointed to say that they could not make a decision on my case today.
I am in a dilemma how to proceed . Can the experts on this forum provide some advice for my case.
Let me explain my situation here
I am an Indian Citizen who came to UK initially on a work permit (WP1) for one year in 2003 through an Indian Company.
My work permit was approved in May 2003 for one year and I entered UK on 27th May 2003.
My work permit was extended for another 6 months (WP2) in May 2004 and my visa was stamped till Nov 2004.
In August 2004 I got a job with another employer who got work permit (WP3) approval for me in Augut 2004 for one year. I went to India for my wedding and came back on the previous visa as I did not have enough time to give the passport for visa stamping since Home Office was taking around 2-3 months for visa stamping then and did not have the premium service as of now. I had called Home Office to check whether it is okay to enter the country on the existing visa and they confirmed that it was okay.
As soon as I came back to UK , I applied for FLR stamping with the work permit obtained by the new employer. I received my passport back in Feb 2005 with visa stamped for one year(until Feb 2006) and the work permit document showing approved for 12 months.
The same employer applied for work permit extension in Feb 2006 for 2 years (WP4) ie until Feb 2008(Since ILR was 4 years then ). I got the FLR also stamped till Feb 2008.
The same employer applied for work permit extension in Feb 2008 till October 2008 (WP5). I have got FLR also stamped for the same period. ie until October 2008.
I have completed 4 years 11 months on April 27 and took an appointment for ILR.
The case worker queried about the gap in work permit from August 2005 till January 2006. They say WP3 was approved in August and was for 1 year - Hence expired in August 2005. The next workpermit WP4 was applied in Jan 2006 And there is a gap of more than 5 months.
Myself and my employer was in the assumption that the work permit(WP3) is valid for 12 months from the day visa is stamped because the FLR was valid until 2006 and also the letter from Home Office which I received with the passport indicated that the approval length is 12 months. There was no valid until date then. I can see in the newer documents that there is a valid until date..
The caseworker at PEO gave me the options for either waiting until 2011 or apply by post where in a case worker can look into the case in a more detailed way.
They did not charge me any fee for the appointment. atleast that was good.
Can someone throw some light in this case please ? I am shattered.
I went to India on August 30, 2004. I came back on 06th November 2004. I came back on a saturday and applied for FLR on monday, November 08 2004 with WP3. Home Office had delays then and took around 3 months to return my passport hence the visa is stamped in February.When did you apply for the flr on the 3rd wp?
Thanks egg yolk. So you mean I will have to go via an immigrations specialist solicitor. ? Will the senior members on this forum have any advice to give on this ?egg yolk wrote:Dear friend,
With no disrespect, yours is a complex case and please be advised to seek professional assistance in this matter.
Wishing you the very best.
The second workpermit by Emp1 was for 6 months ie from May 2004 to November 2004 and not Aug 2004ND wrote: Your work permit was issued :
Emp1
1 . May 2003 - May 2004 ( For 1 year )
2. May 2004 - Aug 2004 ( 6 months )
I have sent that letter with the passport for FLR stamping. I have asked my employer to dig out a copy if he has one. Unfortunately I did not keep a copy of the same.ND wrote: Emp2
1. Aug 2004 you got the WP approval letter for emp2 for 1 year -- Where is this letter ? Read it carefully and see when they asked you to go for FLR. I guess they would mention something like 6 months.
Employer's solicitor applied for the workpermit. I have spoken to the solicitor yesterday. They are studying the case and will come back to me today hopefully.ND wrote: Who applied your first workpermit with emp2 . Is it a lawyer of the employer ? Discuss with him the whole situation.
If possible get the emp write a letter supporting you.
I hope we can convince homeoffice about their mistake. I did not have this copy which is attached above with me when I went for the PEO appointment. I am going to fight for it. Will keep the forum posted about what is happening.ND wrote: Its homeoffice's mistake to stamp your passport from Feb 2005- Feb 2006 instead of Aug 2004-Aug 2005. Not yours.
And you should NOT suffer for there mistake. Fight for it ...
I agreeND wrote:
Its homeoffice's mistake to stamp your passport from Feb 2005- Feb 2006 instead of Aug 2004-Aug 2005. Not yours.
And you should NOT suffer for there mistake. Fight for it ...
Thanks first2last4.first2last4 wrote: Deepak, You say your WP was for a year from Aug 2004 and your FLR for the WP mentions end date as Feb 2006. Technically they should mention your FLR end date as Aug'2005. This is what happen to me.
Because my Passport was locked in HSMP application there was a gap between 2 WP. Something like this
>First WP/FLR expired in Mar 2005
>Got 12 month WP in Aug 2005
>Applied FLR for the above WP
>As per your scenario I would expect FLR stamped as
valid from Aug'2005 to Aug'2006 (12 month visa), since I applied FLR in Aug. But they gave me the stamp as valid from Aug'2005 to Feb'2006 (i.e. just 7 months visa).
Eventually the FLR validity date was in sync with WP issued date.
rabey wrote:Congratulations!
shubi81 wrote:Hello mates ..I was looking at a suitable place to post my (basic) question & found , this would be the right place ..even I am not getting enough info at bia site .
I have just got my Tier-1(general) visa from india , valid from 29/5/08 for nxt 3 years . I know , I can apply for FLR for further 2 yrs after the completion of this 3 yrs . But after that to gain ILR , there is some rule that I can't spend more than <???> months outside UK out of the last 5 yrs . Can someone pls fill up the blank pls ??
My dates to fly to UK will depend on this guys ...pls help !! I read somewhr that it is 45 days or soemthing , which I think will be pretty tough, since anyway I cant fly before June end & hereby consuming 30 days out of 45 ..!!
So, can you just let me know the present rule ...??
Many thanks
Shubi
rabey wrote:Congratulations!