Worked for six months without FLR from Jan to July 2006

[GSOtodd]

Ok, I originally came to the UK on a work permit and Entrance Clearance from my Embassy in Sept 05 to take a job at a school. The job ended in October 06 and I returned to the US. However, three months later, I returned to the UK because I had another job offer. The Home Office help desk in Dec 05 and my agency said that I could use my old entrance clearance. So, my new employer had my work permit and I started working in Jan, without new entrance clearance or FLR.

My new work permit was originally for six months so when we renewed it in July, we realised that I should have applied for FLR or new entrance clearance. I didn't know and my school didn't know...till then.

My HR at my school sent a cover letter explaining the mix up along with my FLR application. The Home Office however, approved the extension and did not make a fuss about it. No charges were made, no one had to go to court. Nothing. They just approved my extension and further leave to remain application with me inside the country. I thought that they would have kicked me out and had me reapply from the US. And, of course, the six months without the FLR might not have counted towards ILR.

Not that I'm complaining, but, what kept the HO from kicking me out and having me reapply for entrance clearance from the US? I mean, technically, I was working illegally even though I had a work permit but, no FLR. Also, the HO has been approving my Tier 2 extensions with no problems. So, what saved my backside?

[GSOtodd]

Could it be maybe that my employer from sept 05 to Oct 05 and from Jan 06 to June was an agency? I was paid by them but stationed at school number one and my second job. In June 06, my current employer decided to take me on as "their staff". My P60 from 05 to 06 states that my employer was my agency.

[ouflak1]

Not that I'm complaining, but, what kept the HO from kicking me out and having me reapply for entrance clearance from the US? I mean, technically, I was working illegally even though I had a work permit but, no FLR. Also, the HO has been approving my Tier 2 extensions with no problems. So, what saved my backside?

It's not unheard of for the Home Office to excercise discretion in obvious cases where there was a misunderstanding of the rules. Especially when there is a relatively quick effort to correct the misunderstanding (within 6 months is pretty reasonable), the attempt is done correctly and explained well, and there have been recent rules changes (which there have been).