ILR not processed due to invalid WP - Advice please

[Teeven]

On my side, I have a bit of a bad news I am afraid and I would urgently be grateful for some advice. Yesterday, I went to the same day service in Birmingham for my application for indefinite leave to remain. They were not able to process the application (and thankfully did not charge me or formally deny the application) on the grounds that the work permit issued for my employer (University) is now "invalid" on their system.

For info, I was issued a 60 months work permit in Oct 2003 which allowed me to apply for the work visa in my home country. As I was intending to join Aberystwyth from the 1st May 2004, I asked and was granted leave to enter from the 1st May 2004 to the 1st May 2009. However, the BIA people today stated that the work permit is now out of date since it is somehow calculated from the date of issue (i.e. 6 Oct 2003) rather than the date of leave to enter. This is in spite of the fact that the paper permit clearly states that it covers a period of 60 months from the date of leave to enter but their system apparently says otherwise.

They however acknowledged that I am legally allowed to stay and work as evidenced by my visa sticker in the passport (until the 1st May 2009) and that I should first contact my employer and Work Permits UK (which is now part of BIA anyway) for advice. I should then make a postal application before this date and "make a case" for the discrepancy that exists between the validity periods of the work permit and of my work visa - which I always thought to be the same! Incidentally, once the postal application is made, I have been told that my current work and residence status will remain the same pending the outcome of the application (usually takes about 8 weeks).

I have to admit that until today I was fairly confident about this application process and that's many thanks to the advice on this forum, and i simply did not see this coming. However, because of the tight time scale, I am now very concerned and uncertain as to how to ensure this mistake can be recognized by the relevant authorities when I make this postal application. I would therefore appreciate any assistance or advice you could offer.

The initial reaction by the employer was to offer to write a letter but I am not yet sure if a letter from the employer would be sufficient as I was told that Work Permits UK (or whoever is in charge of this now) would need to be contacted for advice. The reason is that the BIA is accessing the Work Permit UK's database directly and this particular work permit comes out as invalid/expired. They did not seem to take heed of the original paper permit. Finally, the fact that the work permit was issued at a time when the qualifying period for ILR was four years has contributed to the problem i think.

Thank you very much for any advice that may be given.

[Vanadil]

To my knowledge on the old Work Permit scheme you only have 6 months from the point that the Work Permit is granted to apply for your Leave to remain and entry clearance. You have waited from what I can see for 7 months and this may have been an inital error by the official or there may have been a miss understanding as to the nature of your visit.

Also, can you please clarify that you have been working for the same employer the whole time that you have been here in the UK and also was there a reason for delaying your entry for 6 months?

My fear for you is that although you may have thought you had full rights to work here in the UK you have in fact been an overstayer and very possibly working illegaly over the past years.

[Teeven]

To my knowledge on the old Work Permit scheme you only have 6 months from the point that the Work Permit is granted to apply for your Leave to remain and entry clearance. You have waited from what I can see for 7 months and this may have been an inital error by the official or there may have been a miss understanding as to the nature of your visit.

Yes you are right and i did apply at the high commission within the 6 months period from the initial validity of 6 Oct 2003. I am sure since this is written at the back of the permit. At the high commission, they asked when will i be expected to start work and i replied 1st May 2004 and thus was granted the five year visa from this date.

Also, can you please clarify that you have been working for the same employer the whole time that you have been here in the UK and also was there a reason for delaying your entry for 6 months?

Yes this has been the same employer and the reason is that i asked to join the job later than expected to complete my previous work. The employer agreed and sent me a new contract with effect from 1st May.

My fear for you is that although you may have thought you had full rights to work here in the UK you have in fact been an overstayer and very possibly working illegaly over the past years.

[tech]

you request for May 1st as your visa start date made your workpermit invalid since it is not within six months. You have to prove that you made your application on time and requested time to start may 1st

I would suggest to go through solicitor who would make formal representation (or Caseworking highest level).

[Teeven]

you request for May 1st as your visa start date made your workpermit invalid since it is not within six months. You have to prove that you made your application on time and requested time to start may 1st

I would suggest to go through solicitor who would make formal representation (or Caseworking highest level).

Thank you very much for the information. I have indeed contacted an immigration lawyer and he has given a similar advice

[XUEFU688]

Dear Teeven

I am in the same case as you. I got work permit at 17 august 2004 and VISA 11 October 2004. I came to the UK at 27 October 2004 and I can apply for ILR on October this year. So, please do me a favor and tell me whether you apply for ILR by post and whether you successful get ILR.

I would appreciate it very much if you could kindly send me a reply at your earliest convenience. My email address is: xuefu688@yahoo.com.cn

With best regards

Xue Fu

On my side, I have a bit of a bad news I am afraid and I would urgently be grateful for some advice. Yesterday, I went to the same day service in Birmingham for my application for indefinite leave to remain. They were not able to process the application (and thankfully did not charge me or formally deny the application) on the grounds that the work permit issued for my employer (University) is now "invalid" on their system.

For info, I was issued a 60 months work permit in Oct 2003 which allowed me to apply for the work visa in my home country. As I was intending to join Aberystwyth from the 1st May 2004, I asked and was granted leave to enter from the 1st May 2004 to the 1st May 2009. However, the BIA people today stated that the work permit is now out of date since it is somehow calculated from the date of issue (i.e. 6 Oct 2003) rather than the date of leave to enter. This is in spite of the fact that the paper permit clearly states that it covers a period of 60 months from the date of leave to enter but their system apparently says otherwise.

They however acknowledged that I am legally allowed to stay and work as evidenced by my visa sticker in the passport (until the 1st May 2009) and that I should first contact my employer and Work Permits UK (which is now part of BIA anyway) for advice. I should then make a postal application before this date and "make a case" for the discrepancy that exists between the validity periods of the work permit and of my work visa - which I always thought to be the same! Incidentally, once the postal application is made, I have been told that my current work and residence status will remain the same pending the outcome of the application (usually takes about 8 weeks).

I have to admit that until today I was fairly confident about this application process and that's many thanks to the advice on this forum, and i simply did not see this coming. However, because of the tight time scale, I am now very concerned and uncertain as to how to ensure this mistake can be recognized by the relevant authorities when I make this postal application. I would therefore appreciate any assistance or advice you could offer.

The initial reaction by the employer was to offer to write a letter but I am not yet sure if a letter from the employer would be sufficient as I was told that Work Permits UK (or whoever is in charge of this now) would need to be contacted for advice. The reason is that the BIA is accessing the Work Permit UK's database directly and this particular work permit comes out as invalid/expired. They did not seem to take heed of the original paper permit. Finally, the fact that the work permit was issued at a time when the qualifying period for ILR was four years has contributed to the problem i think.

Thank you very much for any advice that may be given.

[The Station Agent]

I would say that UKBA are in the wrong here. You applied for entry clearance within the 6 months of the permit being issued. You were granted EC on that permit. Therefore that permit was used correctly (not 'invalid' as they say).

They should honour the fact that the entry visa started from May 1st and ran to May 1st 2009. This is 5 years in anyone's book - therefore you were entitled to apply for ILR.

You should appoint a lawyer and appeal on the grounds that the reason they are using to reject your application are spurious.

Unless of course you applied out of time (not by May 1st 2009). OR you left a long gap before entering the UK (sorry I can't see all your posts from this page while I'm replying).