ILR during redudancy period

[oldklangrd]

Hello All,
I have read a posting relating to my exisisting query but there was NO conclusion to it.
Anyway my query is this, I am due to complete my 4yrs of WP in middle of Jan 06.As I understand I am eliglible to apply ILR 28days before 4yrs period.Being the case, I have been given the redudancy (earliest) for end March 06. My employer says that they cannot give a letter stating that I am currently employed with them WITHOUT inlcuding the clause that I will be made redundant. My worries/queries are
1) If I take that letter would my ILR be turned down?
2) My WP expires end of March as well, will the Home office say I will need to work till my WP expire which will coincide with employement term,which is end of March as well.
3) My WP was transffered to a company which bought my exisisting company, all the assests and contracts were transffered to the parent company inlcuding my WP. If I manage to get letter from the parent company would it be ok?

Thanks

[sywahu]

I don't think you have much to worry about. If you employment is continuing in one form or the other, that should suffice. But you could confirm with a professional over the phone. They normally charge for initial consultation but it will at least alleviate your worries

[John]

My WP was transffered to a company which bought my exisisting company, all the assests and contracts were transffered to the parent company inlcuding my WP. If I manage to get letter from the parent company would it be ok?

The letter needs to be from your employer, as stated on your WP.

I also think you should be OK even if the employer's letter mentions the forthcoming redundancy. But are you already trying to seek alternative employment? Will it be easy to get similar work at a comparable salary? If so no harm including that evidence with your application, if only to show that you will have no reason to claim any Public Funds in the foreseeable future.

[Chess]

This is a bit dodgy - how can employment be continuing when redudancy is a couple of months down the road..

...best option is to get a new job and new WP

Do you qualify for HSMP?

good luck

[John]

I think it is worth looking at the IND guidance to its staff :-

CHAPTER 5 SECTION 1 - WORK PERMIT EMPLOYMENT

In particular at 4.1 :-

In considering applications for indefinite leave in this capacity, caseworkers must be satisfied that the applicant:

• has spent a continuous period of 4 years here in this capacity;
• is still engaged in the same employment; and
• has met the requirements of Paragraph 131 throughout the 4 year period

So as far as the OP is concerned, he is "still engaged in the same employment". So I would be surprised if there is a problem in getting ILR.

[Chess]

The OP needs to provide a letter from employer to prove that his employment is continuing before HO can grant ILR..

..The employer will definately be reluctant to issus such a letter as employment will be 'discontinuued' in the near future. The OP could use such a letter and sue existing employer for breach of Contract

tricky - but may be a bit academic

[Smit]

My WP was transffered to a company which bought my exisisting company, all the assests and contracts were transffered to the parent company inlcuding my WP. If I manage to get letter from the parent company would it be ok?

You say that the WP was transferred to the parent company, if this is the case, the parent company's letter is required as it is technically the employer. I would think that a letter worded "We hereby confirm that as at (insert date of your ILR application), (your full name) is an employee of (the employer's name)" should do the trick.

[John]

The employer will definately be reluctant to issus such a letter as employment will be 'discontinuued' in the near future. The OP could use such a letter and sue existing employer for breach of Contract

I think that if the employer is doing all the obvious and usual things that happen as regards redundancy, and is not treating the OP unfavourably in any way, then there is no possibility for the employer being sued for breach of contract ... whatever is in the letter.

[rogerroger]

can your employer not issue the letter

I would think that a letter worded "We hereby confirm that as at (insert date of your ILR application), (your full name) is an employee of (the employer's name)"

i mean with such a letter there should be no legal issues for the employer, correct?

also i was wondering if it would be an idea to take apply for ILR on say the 1 st of Feb, taking along your January payslip, which would mean that you had actually worked for more than 4 years, that could make a case where the home office knows you are going to be made redundant in march more compelling

[Smit]

No implications from a legal point of view as far as my suggested wording goes. Not sure when his LTR expires, if mid Jan 06, can't apply in Feb 06. My suggestion is that he should apply mid De 05 -cannot see any hitches with the application.

[oldklangrd]

Do you qualify for HSMP?

To be very modest, I dont get enough points for the HSMP.

[John]

Oldklangrd, I have read your posts in this topic and the following is not absolutely clear.

You have an employment visa in your passport .... what is the stated expiry date on that visa?

[oldklangrd]

Oldklangrd, I have read your posts in this topic and the following is not absolutely clear.

You have an employment visa in your passport .... what is the stated expiry date on that visa?

My LTR reamin expires 31st March 2006. This was the case,when my employer calculated for 48months, that being Jan 06,but since it was not on the multiples of 6.

Thanks

[oldklangrd]

Under a instruction of my friend, i called one of the phone numbers who are solicitors. First time i spoke to a person said if they were to guide me through process for ILR, they would charge few hundred pounds on top of the HO fees.
That time i forgot to ask whether it was NO WIN NO FEES, so called them up again to find out that,spoke to another person, I cannot apply for ILR if the employer does not give letter stating the employment is for indefinite period. This statement worries more and is it true? Any replies would be very helpful.

Thanks

[Smit]

You may find this link useful:

http://www.immigrationboards.com/viewto ... ent+letter

As far as I know, nowehere in the rules does it provide that employment has to be indefinite to apply for ILR, the main criteria is that you have worked for atleast 4 years continously on the work permit and that your employment is still continuing at the time of your ILR application.

[Rogerio]

When I was due to apply for ILR, my company issued a letter saying "so and so is still employed with us". They did not want to issue a letter saying the employment would continue for whatever reason (this is back in 2003, and Im still with them).

Get them to write the same thing. In that way, they are not saying you will be employed after March 06.

I am sure it will be enough.

Rogerio

[ppron747]

I think it is worth looking at the IND guidance to its staff :-

CHAPTER 5 SECTION 1 - WORK PERMIT EMPLOYMENT

In particular at 4.1 :-

In considering applications for indefinite leave in this capacity, caseworkers must be satisfied that the applicant:

• has spent a continuous period of 4 years here in this capacity;
• is still engaged in the same employment; and
• has met the requirements of Paragraph 131 throughout the 4 year period

So as far as the OP is concerned, he is "still engaged in the same employment". So I would be surprised if there is a problem in getting ILR.

John - you know I don't profess to be an immigration expert, but I'm not sure that it is as straightforward as this. The Immigration Rules say

134. Indefinite leave to remain may be granted, on application, to a person admitted as a work permit holder provided:

(i) he has spent a continuous period of 4 years in the United Kingdom in this capacity; and

(ii) he has met the requirements of paragraph 131, 131A, 131B, 131C, 131D, 131E or 131F throughout the 4 year period; and

(iii) he is still required for the employment in question, as certified by his employer.

The original post (which some others seem to have overlooked) makes it clear that oldklangrd's present employer is not prepared to provide a letter that doesn't refer to his imminent redundancy. If the employer cannot be persuaded to change his mind, I suspect that the decision on the ILR application may depend on the caseworker's knowledge of the Rules, as opposed to the instructions. I repeat, I'm not an expert, but it seems to me that a caseworker could use 134 (iii) to justify a refusal if he/she were minded to.

[John]

Paul, of course you quote the immigration rules correctly. But for some reason best known to IND their instructions to their staff are a little bit more lenient.

I agree that there can be no guarantee but I don't think the OP will have a problem. But from the point of view of getting the ILR a letter from the employer merely confirming that the person still works for them would assist .. and would be an honest statement from the employer ... such as :-

I have been asked to confirm that Mr OP is still employed by this company. I am happy to confirm that to be the case.

-: would IMHO be sufficient to get the OP their ILR.

[Rogerio]

Paul & John,

maybe I was lucky, but my company refused to provide the letter saying my employment was continuing (even though Im still employed with them). Maybe it was the caseworker being lenient....

BUT

the letter saying "so and so is still employed with us" was more than enough.

R

[oldklangrd]

Hello All,
Thanks for one and all for your valuable knowledge sharing. I have got my ILR and there was no trouble at all. Walked in, submitted the documents, very few questions asked, got the ILR stamped in 3hrs time. Bit relieved now.
Could you also please advice me on what is the next step in my naturalisation?

Thanks once again

[Chess]

Hello All,
Thanks for one and all for your valuable knowledge sharing. I have got my ILR and there was no trouble at all. Walked in, submitted the documents, very few questions asked, got the ILR stamped in 3hrs time. Bit relieved now.
Could you also please advice me on what is the next step in my naturalisation?

Thanks once again

just chill out for another year and prepare for rthe 'britishness' test

[John]

oldklangrd, congratulations! Of course you got ILR .... why not!

The Citizenship Test .... you can take that any time you like. You could start studying soon and if you feel ready to take the test then just apply. If not then just study some more and apply at a later point in time.

[ppron747]

.....I have got my ILR and there was no trouble at all. Walked in, submitted the documents, very few questions asked, got the ILR stamped in 3hrs time......

Congratulations, oldklangrd!

In case it might help anyone else, could you tell us what happened with the employer's letter? You originally said that he wouldn't write a letter without also saying that you would be leaving the company.

Did he stick to that, or were you able to persuade him to just say that you were working for them without mentioning your redundancy?

[oldklangrd]

The employer did not go back in their verdict. They did mention that in the letter. They mentioned that I would be considered for similar roles in the company in the future. Now after all these my redundancy is been postponded.

Thanks

[rogerroger]

congrats

did the case worker at the home office know you were out of work at present