General UK immigration & work permits; don't post job search or family related topics!
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Reddy
- Newly Registered
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by Reddy » Tue Sep 16, 2008 11:30 am
Hi All,
I have got workpermit untill Sep 2005 , before it is expire I have applied for the next workpermit with other employer , but home office look 3 months to deside to approve my workpermit ,mean time my first workpermit expried, but after I got workpermit approval, we applied for the FLR and I got stay .
when I went to apply Indefinite leave to remain, they are saying you have 3 month gap between workpermits.
please advice me on this .
Kind regards.
Reddy
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dnicky
- Member of Standing
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- Location: United Kingdom
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by dnicky » Tue Sep 16, 2008 11:55 am
If your application for new leave to remain against you new work permit was done after expiry of your old leave to reamin against your old work permit, then UKBA will unfortunately treat this as a break in your continuous residence while considering your ILR application.
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Reddy
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by Reddy » Tue Sep 16, 2008 12:04 pm
dnicky wrote:If your application for new leave to remain against you new work permit was done after expiry of your old leave to reamin against your old work permit, then UKBA will unfortunately treat this as a break in your continuous residence while considering your ILR application.
Hi Dnicky,
Thanks for Your reply.
But I have applied for next workpermit with in time , before my old workpermit exprice. is it my problem if homeoffice take 3 months to decide.
Kind regards.
Reddy
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gainvidya
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by gainvidya » Tue Sep 16, 2008 12:19 pm
dnicky wrote:If your application for new leave to remain against you new work permit was done after expiry of your old leave to reamin against your old work permit, then UKBA will unfortunately treat this as a break in your continuous residence while considering your ILR application.
I guess not. Existing LTR is deemed to be continous until the new application is decided. So he should be fine.
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SKUK
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by SKUK » Tue Sep 16, 2008 12:32 pm
Existing LTR is deemed to be continous until the new application is decided. So he should be fine.
No he is not fine. Otherwise OP wouldn't be posting here in the first place, HO has already rejected his ILR application.
You are allowed to remain in country only if you have FLR application pending to be decided and not change of employment work permit approval.
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Reddy
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by Reddy » Tue Sep 16, 2008 12:40 pm
SKUK wrote:Existing LTR is deemed to be continous until the new application is decided. So he should be fine.
No he is not fine. Otherwise OP wouldn't be posting here in the first place, HO has already rejected his ILR application.
You are allowed to remain in country only if you have FLR application pending to be decided and not change of employment work permit approval.
Hi SKUK,
Your right, I had problem with ILR, but they hold my application , they want cross check it.
Kind regards.
Reddy
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jes2jes
- Senior Member
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by jes2jes » Tue Sep 16, 2008 12:47 pm
Reddy wrote:SKUK wrote:Existing LTR is deemed to be continous until the new application is decided. So he should be fine.
No he is not fine. Otherwise OP wouldn't be posting here in the first place, HO has already rejected his ILR application.
You are allowed to remain in country only if you have FLR application pending to be decided and not change of employment work permit approval.
Hi SKUK,
Your right, I had problem with ILR, but they hold my application , they want cross check it.
Kind regards.
Reddy
This would have been fine if your new employer has submitted an application for FLR(IED) with the WP applicaition to run concurrently.
Pray for a good caseworker to excercise discretion
Praise The Lord!!!!
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Reddy
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Post
by Reddy » Tue Sep 16, 2008 12:51 pm
SKUK wrote:Existing LTR is deemed to be continous until the new application is decided. So he should be fine.
No he is not fine. Otherwise OP wouldn't be posting here in the first place, HO has already rejected his ILR application.
You are allowed to remain in country only if you have FLR application pending to be decided and not change of employment work permit approval.
Hi SKUK,
Your right, I had problem with ILR, but they hold my application , they want cross check it.
Kind regards.
Reddy
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gainvidya
- Member of Standing
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- Joined: Mon Sep 10, 2007 10:42 am
Post
by gainvidya » Tue Sep 16, 2008 3:47 pm
Reddy wrote:SKUK wrote:Existing LTR is deemed to be continous until the new application is decided. So he should be fine.
No he is not fine. Otherwise OP wouldn't be posting here in the first place, HO has already rejected his ILR application.
You are allowed to remain in country only if you have FLR application pending to be decided and not change of employment work permit approval.
Hi SKUK,
Your right, I had problem with ILR, but they hold my application , they want cross check it.
Kind regards.
Reddy
Explain them with
this rule
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Reddy
- Newly Registered
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Post
by Reddy » Tue Sep 16, 2008 4:31 pm
gainvidya wrote:Reddy wrote:SKUK wrote:Existing LTR is deemed to be continous until the new application is decided. So he should be fine.
No he is not fine. Otherwise OP wouldn't be posting here in the first place, HO has already rejected his ILR application.
You are allowed to remain in country only if you have FLR application pending to be decided and not change of employment work permit approval.
Hi SKUK,
Your right, I had problem with ILR, but they hold my application , they want cross check it.
Kind regards.
Reddy
Explain them with
this rule
Hi Gainvidya,
Thanks for yor info.
Home office keep my all documents, but they have given me the letter saying ,your application is valid but there are further enquries needs to be made on my case. that case my application has been passed to a team where these enquiries can be made.
So do you think , I will get any positive Spammy Spammer from them. Those rules which you mentioned are upto date?
Kind regards.
Reddy
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paulp
- Diamond Member
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by paulp » Tue Sep 16, 2008 9:24 pm
Gainvidya, from 2004, application for a work permit is no longer an application for leave to remain. The original poster spent 3 months illegally in the UK (he was an overstayer), and he better be praying that the caseworker exercises his discretion.
Reddy, forget about that rule. It's not even a rule, they're instructions to caseworkers and don't apply in your case.
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Reddy
- Newly Registered
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- Joined: Tue Sep 16, 2008 9:26 am
Post
by Reddy » Wed Sep 17, 2008 7:21 am
paulp wrote:
Gainvidya, from 2004, application for a work permit is no longer an application for leave to remain. The original poster spent 3 months illegally in the UK (he was an overstayer), and he better be praying that the caseworker exercises his discretion.
Reddy, forget about that rule. It's not even a rule, they're instructions to caseworkers and don't apply in your case.
Hi All,
Thanks for all.
Actually I have given all my documents to my company lawyer before expire my authorize stay, I have got mail from lawyer saying that after approval of workpermit , need to apply for FLR.
If lawyer doing mistakes like this and put me in this position, I really dont know there I should go into this world.
Regards.
Reddy
