A very interesting situation

[Elena85]

Hi Guys - would really appreciate your advice and help.

I have been continuously employed on a work permit in the UK with a major bank since July 2007. In July 2012 I would be eligible for ILR. (my max days out the country come out to 150 and never more than 1 month continuously).

But last week I was told by my bank my position is being made redundant. I explained them my situation and they have agreed to keep me on the payroll till August 2012. So my last date of official employment would be August 2012.

I believe you can apply for ILR one month before the visa expiry so I could apply in June.

1/ Now the issue is I don't think my employer would give me a reference letter with the phrase 'employment is ongoing for the foresee able future' in the document letter as I see on many samples here.

2/ The UKBA requirement says the employer should confirm 'still required for employment in question' which is kind of vague. I can probably get a document from them in June saying that I am currently still employed in the same role and that 'I am still required for employment in question'. Do you think that would be sufficient?

My case is so borderline that it's hilarious and sad at the same time that I managed to get myself in such a pickle!

Thanks again would really appreciate your help.

[linkers]

You need to convince your employer to give you the letter which says you are still needed. I know it’s not right but if you have already managed to survive until August, I am sure they will give you this favour (of issuing letter) as well.

[Smam]

You need to convince your employer to give you the letter which says you are still needed. I know it’s not right but if you have already managed to survive until August, I am sure they will give you this favour (of issuing letter) as well.

Hi

In addition to the above reply you also have to convince your employer that they have to reply to any querries in any regards God Forbid if there'll be any lets suppose if you're going for a PEO appointment and if the UKBA rings your employer to get a confirmation regarding your employement, salary, your current job role your employer will have to answer those questions as well.

I know its a tough call but that's how it is unfortunately and remember this thing by heart dont ever let this expression comes on to your face by any means while in your PEO appointment if you're having a PEO appointment that you'll be made redundant or what ever the situation just take it very normal.

Telling you the truth from my knowledge and experience I have met 99.99% WP holders the first thing they do is change their jobs as soon as they get their ILR.

The most important bit is that I'm hoping that all of your officially required docs by the UKBA for your ILR application are also in place and up to date. With P60's and all the rest of the stuffs.

Good luck for your ILR.

[Elena85]

Thank you very much guys for your replies and advice

I am meeting HR on Thursday again and will try to negotiate with them to provide me the letter. Basically I just want to be prepared about exactly what should I ask them.

If they don't give me the letter saying if my job will continue for the 'foreseeable future'; do you think it will be sufficient for UKBA if they just give me a letter saying 'I am still required for my current job'

I think everything else I have is in order P60's, holidays etc.

Thank you again for your advice

[LankanFunkin]

Try and leverage the fact that you were at the bank for 5 years to get them to take care of you. Also, if your HR deptartment is unco-operative, your line manager may be able to help with the letters.

Also, depending on the terms of your contract and your notice period, I would get cracking on trying to find a new job. There are quite a few post-bonus vacancies right now, so best to try ASAP than wait. Scope out whats available on efinancialcareers.co.uk, and reconnect with a few recruiters. Build as many options as possible.

[Elena85]

I am also trying to get professional advice on this. Can you please recommend any immigration law firms in London that have experience in ILR or that specialize in ILR applications

Thanks again for this.

[Smam]

Hi

Smith Stone Walters is a very well reputed Immigration Law firm in london mostly used by the banks like JP Morgan, Morgan Stanley, Goldman Scahs and some other top investment banks for their employees. But do keep this thing in mind that its a very expensive firm they'll charge you any where up to £2000 one of my Friend he's in Price Water House Coopers but he's here on HSMP got his ILR just yesterday at PEO Croydon he has submitted his case through Smith Stone Walters but he was their Old Client means he got his HSMP case done as well by them after giving him an old Customer discount they've charged him £1000 excluding PEO fees which means that you have to have a good savings of nearly £3000 eaisly if you're talking to them. But the only bad thing is that they dont take every single case that's one of their bad thing they'll only take your case if its simple and straight forward that's why I said why should I come to you and pay you my hard earned £2000 just for your mere guidance any ways that's just me.

Changing your job is totally out of question in my eyes being a WP holder as if you'll change your job you've to make a transfer application for your WP and I believe its really a time taking process and not too sure if you change your job will you still be eligible for the ILR or not.

You should have have to this wording mentioned on your letter for the ILR that your position is required in the foreseable future by your employer other wise that letter wont be accepted by the UKBA if it didn't contains this wording and also make sure that you also mention your SOC code in your ILR letter.

Just take them in to confidence that the letter will say that your position is required in the foreseable future but this didn't means that you're getting in to any kind of contract with them you'll be free to do any thing to change your job at any time even on the day once you got your ILR approved so just make this clear to your employer that they'll not get any questions back from the UKBA that why you left, but just for that day if they give you this letter with the required wordings on it, will make your life a hell lots eaisier.

That's quite good that you've got your rest of the stuff ready with LIUK pass certificate.

Just be calm and compose and stay positive. I believe that you must be alive before getting the ILR for UK just think like that and you'll remain alive even after getting it or God Forbid after not getting it.

Good luck for your ILR.

[tusharagrawal]

Is it that just your position in being made redundant ?

My understanding is that the employer will have a 30 or 90 day consultation depending of number of people being made redundant.

You should raise this specific issue during consultation.

[tusharagrawal]

Here is the redundnacy handbook - http://www.moneyadviceservice.org.uk/yo ... dbook.aspx

Check page 6 of this pdf -
http://www.moneyadviceservice.org.uk/_a ... rights.pdf