Work Permit, HR Letter, FORM MN1 for UK born child

[kumar17]

I am due for my ILR application in May 2012 and I have been reading a lot on the forum concerning ILR and old work permit style problems. Thanks to the forum, i have now sorted the SOC Code problems, technical change of employer notification [my company changed names three times due to mergers and acquisitions), salary above soc code and absences from the UK.

So far, so good. But there are two main issues i am not yet able to sort.
a) I had my interview with the job offer in March 2007 and waited for the company to apply for the work permit. Once the permit was approved on the 12/04/2007, I was asked to come and start work [in my excited state I jumped at the opportunity] and I started work on the 18/04/2007 on my old student visa. My 60mths further leave to remain for the work permit was approved on the 29/05/2011, hence my 5yr count down started. I plan to phone PEO Cryodon in January 2012 to book an appointment in early May 2012.

My problem is which start date do I put on my employment letter. 18/04/2007 (started on a student visa) or 29/05/2007 (effective 5yr period required for the work permit).

How do I convince my employee that the start date should be the work permit date not the start date with my student visa? Will the employer have cold feet and think I am asking them to “lie” after my start date?
Is there a problem with starting a new job on a student visa after the work permit has been approved? I have the work permit letter from HR which states the employee should not start work till the FLR has been approved.
Has anyone got the same problems? How did you do?

b) Both my wife and daughter travelled home in 2011 to obtain FLR to remain as work permit dependants. Our daughter was born in the UK in 2010 and had no visa or passport and my wife was a Tier 1 PSW. Both their visas as work permit dependents are now linked to my end date of 29/05/2012. I was planning on making an application for three people (myself, wife and daughter) at the PEO in Cryodon (£2700) and after the ILR is issued apply for the daughter’s naturalisation through FORM MN1 in May 2012. But on reading the FAQs and several posts on the forum, I am confused in relation to the FORM MN1

http://www.ukba.homeoffice.gov.uk/sitec ... rm_mn1.pdf

Do I actually need to apply ILR for my daughter, as she was born in the UK and can register for naturalisation after our ILR? This will save my ~£700 on the PEO application, which I can then use the £540 for her MN1 application?

I have looked at the MN1 application and I do not know to fill the form.
Our daughter was born in the UK in 2010, subsequently travelled out of the UK in 2011 and had an entry clearance visa (work permit dependent). What will be her status if we do not include her as dependent on our ILR application? On FORM MN1, Section 1, question 1.3 it does ask you when the child had ILR? Section 1, question 1.9 ask for present nationality – if we do not apply for ILR for her, how do we complete this?

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[kumar17]

Dear Moderators and Seniors,

Any feedback?

[kumar17]

Help guys...any views?

Also how soon should one ring the HO to book appointment at PEO Cryodon?

[kumar17]

Moderators...help?

[stewie]

Hi,

Regarding your question No 1: please see my similar question and a very helpful reply from cssaini here: http://www.immigrationboards.com/viewtopic.php?t=92233
It worked for me.

Good luck!

[Jambo]

Do I actually need to apply ILR for my daughter, as she was born in the UK and can register for naturalisation after our ILR? This will save my ~£700 on the PEO application, which I can then use the £540 for her MN1 application?

I have looked at the MN1 application and I do not know to fill the form.
Our daughter was born in the UK in 2010, subsequently travelled out of the UK in 2011 and had an entry clearance visa (work permit dependent). What will be her status if we do not include her as dependent on our ILR application? On FORM MN1, Section 1, question 1.3 it does ask you when the child had ILR? Section 1, question 1.9 ask for present nationality – if we do not apply for ILR for her, how do we complete this?

There is no need for your child to have ILR before applying for registration as BC using MN1. Her immigration status is irrelevant to the success of the application as she was born in the UK and has entitlement to register as BC.

However, if you plan to travel with your daughter outside of the UK before applying for registration as BC, you will need to add her to ILR application in order for her to be able to return to the UK.

Q 1.3 asks "if and when" - if the child doesn't have ILR, just leave blank.

Q 1.9 Child nationality is likely to be same as her parents. Nationality has nothing to do with her immigration status / ILR.

[kumar17]

@Stewie thank you. I was originally going to use the same letter on the sticky wall. I will use the format on your link and just make sure the employer is happy with it.
@Jambo thank you. i will leave her out of the ILR application and apply for MN1. Too bad she will no longer use her original passport as it would then have no visa on it and we will then have to apply for a visa at the high commission to go home.