ILR Inquiry

sonal · Post by **sonal** » Mon Mar 20, 2006 9:44 pm

This is really urgent. I am planning to apply for ILR on 31st March before new rule comes into effect. I have got one question about my ILR application.

I joined the company on 18th March 2002 but got my passport stamped on 22nd April 2002. I heard from my friend that a candidate is not supposed to join the company before get the passport stamped. Can you please let me know the latest on this matter as i dont want to take any chance.

tvt · Post by **tvt** » Mon Mar 20, 2006 9:58 pm

Unlike today, in 2002 the usual HO practice was to grant a preliminary permission to work and then after sometime to consider the immigration aspects of the application and then either stamp the passport or issue an ICD0358 letter with LTR. So you were permitted to work even before the issue of your LTR & WP.

sonal · Post by **sonal** » Tue Mar 21, 2006 12:05 am

I am sorry i didn't understand your reply as it may be too much detailed answer. Having said that i did join the company on 18th March 2002 and got my passport stamped on 22nd April 2002, am i eligible to apply for the ILR on 31st March 2006? If yes then what if they asked me about above matter.

I don't have any satisfactory reply for the above question as still i think that a candidate is not supposed to join the company before the passport gets stamped. Do you have information on this issue online or home office website?

Please reply immediately. I would be really grateful to get a reply from you.

tvt · Post by **tvt** » Tue Mar 21, 2006 12:09 am

It won't be a problem. If you want to be 100% sure ask your employer not to mention your starting date in the letter to the Home Office. All your employer has to write to the HO is that you are employed by them and that your employment should continue in the foreseeable future.

sonal · Post by **sonal** » Tue Mar 21, 2006 1:58 am

Thanks for your reply again. Where do you reference the rule/law about above issue- is it from Home Office website?

My employer is so strick and i don't think he will write that i had joined the company one month late. So i got to prepare myself in case visa officer ask me the question about joining and passport stamping date.

If you were in my position and visa officer asked you the same question then what would you reply so he/she can be convenienced?

tvt · Post by **tvt** » Tue Mar 21, 2006 8:29 am

Don't ask your employer to lie for you - this is a criminal offence for both of you. However, you can ask your employer not to provide any further information that is not required by the Immigration Rules. Stating your starting date is not required by the Immigration Rules. All you employer has to write in the letter is that you are still required for your employment.

tvt · Post by **tvt** » Tue Mar 21, 2006 8:33 am

An Excerpt from the Immigration Rules:

Indefinite leave to remain for a work permit holder

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.

End of Excerpt

tvt · Post by **tvt** » Tue Mar 21, 2006 8:38 am

Your employer can therefore write a very short letter. Something like:

Re: Mr X Y DOB: xx/xx/xxxx

Pursuant to para. 134 (iii) to the Immigration Rules, I hereby certify that Mr X Y is still required for the employment in question.

sonal · Post by **sonal** » Tue Mar 21, 2006 2:37 pm

I know what you trying to say but it looks like still you are not getting my point. My employer is happy to provide me the letter without mentioning the starting date but what if the visa officer asked me the starting date of the job? What would be the answer to this question?

Having said that i joined the company before my passport get stamped and if i remember correctly then back in 2002 it was a rule that a candidate is not supposed to join the job without getting passport stamped.

Please reply immediately, any more replys would be helpful too.

tvt · Post by **tvt** » Tue Mar 21, 2006 3:08 pm

Tell him in somewhere in March 2002 / April 2002 you are not supposed to remember the exact day of your employment starting date. If you are too afraid make a postal application.

Rohan · Post by **Rohan** » Tue Mar 21, 2006 3:12 pm

I got my confirmation of work permit on 5th July 2002 stating that I could start work. My passport was stamped and returned on 20th Sep 02.

Was it not mentioned in the letter from Work Permits that you could start work when they approved your work permit ?

sonal · Post by **sonal** » Tue Mar 21, 2006 3:30 pm

Rohan, i got my approval letter from Home Office on 9th March 2002 and i started to work from 18th March 2002.

As far i as i know they haven't mentioned anything in the approval letter that i can start to work. Do you have that mentioned in your approval letter?

Kavik · Post by **Kavik** » Tue Mar 21, 2006 3:38 pm

"any more replys would be helpful too."

As far as I know(from my friends who got PR in last month) they don't ask you any such questions. They will have hardly 10-15mins to look at your documentation. That too you are going on 31st March, I guess PEO will be completely crowded and 100% they don't ask you when did you started the job. Stay in peace. You'll get ILR.

Rohan · Post by **Rohan** » Tue Mar 21, 2006 3:44 pm

Sonal,

I quote what my letter mentioned.

"We have considered the application against the work permit criteria and are able to approve this employment for 60 months. Mr. xx now has permission to work.

The Work Permits (UK) In Country Decision Team will now consider whether Mr X's leave to remain can be extended and notify you of the decision in writing. If leave to remain is refused Mr x should cease employment immediately as they no longer have permission to work. "

However, as mentioned by other members of the forum I don't think it is a major issue at all.

moni69 · Post by **moni69** » Tue Mar 21, 2006 4:11 pm

Hi all,

I am from India, and I am getting CTC since April 2003.
I rang up the IR before going forward with CTC, told them exactly what was my status etc was (work-permit holder), and when i had arrived etc. and the operator told me that I can claim, and she posted the form to me. When I filled up the form for CTC (I am certain!!!) there was no mention of any sort of "immigration status" or "eligibility for public funds etc"

So now, I am preparing for ILR and I am still (till date) receiving CTC.

I do not keep upto date with the frequently changing rules, I ADMIT.

What is the best course forward for ILR ???

moni69 · Post by **moni69** » Tue Mar 21, 2006 4:16 pm

tvt wrote:Your employer can therefore write a very short letter. Something like:

Re: Mr X Y DOB: xx/xx/xxxx

Pursuant to para. 134 (iii) to the Immigration Rules, I hereby certify that Mr X Y is still required for the employment in question.

Can somebody post a draft of letter required from the employer ??

It'll be a great help to all !!!

sonal · Post by **sonal** » Tue Mar 21, 2006 4:24 pm

Rohan, they mentioned like this in WP approval letter. Does that mean i have a problem or broke the rule?

" We have considered the application against the work permit criteria and are able to approve this employment for 60 months.

We will now consider whether Mr Pathak's leave to remain can be extended and notify you of the decision in writing."

basis · Post by **basis** » Tue Mar 21, 2006 4:28 pm

moni69 wrote:
tvt wrote:Your employer can therefore write a very short letter. Something like:

Re: Mr X Y DOB: xx/xx/xxxx

Pursuant to para. 134 (iii) to the Immigration Rules, I hereby certify that Mr X Y is still required for the employment in question.
Can somebody post a draft of letter required from the employer ??

It'll be a great help to all !!!

if u use search functionality then u will find few posts where the format is already posted. To be honest it is really very simple - anything that you use normally to show that you are employed is enough.

Look at following messages for example formats

http://www.immigrationboards.com/viewto ... ilr+format

http://www.immigrationboards.com/viewto ... t&start=15

Of course dont use the part not relevant for you.

sonal · Post by **sonal** » Tue Mar 21, 2006 6:35 pm

Can anybody reply to this issue please?

ronnng · Post by **ronnng** » Tue Mar 21, 2006 8:39 pm

Sonal,having jus came back from PEO Croydon with my ILR status. i am quite confident to say that they won't ask for your start date. What they really interested in is your WP stamp in your passport, if like you said, yours is stamp on 22 april 02, which means you can apply ur ILR in earliest date 26 march 02. Worst come to worst, if they really do ask, jus tell them is in april 2002, jus like tvt said you are not suppose to remember ur exact start date which is like 4 years ago... Most the officer spent about 10-15 mins flip through ur documents, typing away .. and tht's it... it was quite a straight forward procedure, you will fine. dun worry too much about it... !! good luck !!!

bbdivo · Post by **bbdivo** » Wed Mar 29, 2006 5:43 pm

Sonal, you say you started work on the 18th March 2002 and your passport was stamped 22nd April. Based on that, it means you were already in the UK, what status did you have? I am assuming you switched your status from whatever it was to WP employment on that date. Which means you would have sent all your documentation in to the HO well before that?

The reason I'm raising this is when I had my WP extended, they had changed the rules, in that I had to get the passport stamped seperately, as a result my passport stamp expired end of June but the next stamp for my WP extension was only in September, this does not mean I was working 'illegally' for those few months, at that time the HO was taking over 4 months to put these stamps in, as a result the time that the HO had the documentation is still counted towards ILR, I am thinking this principle applys in your situation.

sonal · Post by **sonal** » Sat Apr 01, 2006 7:07 pm

Dear All, Very excited to say that we have got our ILR yesterday(Last Day, Last Hours of Old Rule!!!). I am quite impressed with Liverpool PEO, the staff is very friendly and helpful. They never asked me any single question except they concentrate on Employer letter.

I would like to thank all moderators, senior/junior members and let me know if you have questions.

Kavik · Post by **Kavik** » Sat Apr 01, 2006 10:40 pm

Hi Sonal,

Congrats!

I was there tooo(in Liverpool on 31st). I was the first person to be called(Ticket no 1

)..
As I was 29 days to four years. In reception itself she said NO.. Very disappoointed. But really it was not in my hands. so just romed in Liverpool streets to time pass until 5.30pm(to catch bus back to London).

Congrats once again.

northmain112 · Post by **northmain112** » Sun Apr 02, 2006 9:44 pm

Kavik,
Aww, Sorry to hear that your ILR was not considered just because it was a day short. It is really unfair. Did you lose the £500 fee? Do you have an extra year validity on your current workpermit, which would enable you to apply for ILR next year then?

bbdivo · Post by **bbdivo** » Sun Apr 02, 2006 10:02 pm

Congrats Sonal! It's a great feeling once you get it and in your case I'm sure it will multiplied many times! Once again congrats!

Immigrationboards.com: Immigration, work visa and work permit discussion board

ILR Inquiry

ILR Inquiry

ILR Inquiry

ILR Inquiry

ILR Inquiry

ILR Inquiry

Re: ILR Inquiry

Tax Credits and ILR

ILR Inquiry

ILR Inquiry

ILR Success