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I have been in the UK for 34 years and fear I am about to be removed

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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James2023N
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Posts: 2
Joined: Tue Dec 05, 2023 2:48 pm
United Kingdom

I have been in the UK for 34 years and fear I am about to be removed

Post by James2023N » Tue Dec 05, 2023 3:04 pm

Hello,

This is a complicated one. I hope someone may have some ideas.

I have lived in the UK since age 4. My parents and myself moved here from the USA. Since then, due to my Dad's employment being a government contractor, I have been on a limited leave to remain visa. My parents took care of my Visa until I was 18 years old. They also moved back to the US when I was 18. I remained.

The home office regularly takes on average 2 years to complete my visa application for limited leave to remain, and has only been granted as 'discretionary' - which apparently needs home secretary sign off.

The home office, understandably, has asked me the last couple of visa applications to apply for the indefinite leave to remain Visa, of which I have just done so in August of this year (2023).

A few days ago I found out my employer is making me redundant, and I will need to look for new employment, after working for them for 5 years. This is the first time ever since I have been in the UK that I have been out of employment for any period of time whatsoever.

I am now extremely worried that the home office will contact my employer, and they will confirm I no longer work there. I am worried I will then be automatically asked to leave the country, and lose my house, fiancé, pets, everything.

I am not sure of the processing times for visa currently. If they are still taking a very long time, then I should be fine, as long as I get a new job fairly quickly, and then just contact them to let them know of my new employment. However, I am worried that they will contact my employers during the month or 2 I 'may' be out of employment, and then be asked to leave the country.

Is anyone aware of the process of being asked to leave, and if that will definitely apply in my position. Does anyone know if there will be any discretion?

Would I be given a period of time to look for a new job, and then if unsuccessful, be asked to leave? Is there an appeal process from within the UK if I am asked to leave the country?

I have been directed from my employer to the Employee Assistance Program, who referred me to citizens advice, who referred me to contact a specialist. I have contacted 2 specialists who say they cannot help or advise due to the fact my visa application is already submitted.

I have no idea what to do. Please help :-(

TIA - James

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talreh20
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Re: I have been in the UK for 34 years and fear I am about to be removed

Post by talreh20 » Tue Dec 05, 2023 3:15 pm

Was your ILR application based on Long Residency or were you on your employer's sponsored work visa and you applied ILR on that basis?

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zimba
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Re: I have been in the UK for 34 years and fear I am about to be removed

Post by zimba » Tue Dec 05, 2023 3:57 pm

There is no requirement for employment under discretionary leave to remain. Each ILR route has its own requirements. Only very few work-based visa routes require you to be employed or working in order to be eligible for ILR, most have no such requirement at all.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

James2023N
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Posts: 2
Joined: Tue Dec 05, 2023 2:48 pm
United Kingdom

Re: I have been in the UK for 34 years and fear I am about to be removed

Post by James2023N » Fri Dec 08, 2023 9:42 am

Thank you both. Very helpful!

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