ILR app based on 10 yrs , HR harassment

[dhawalthakker]

Hi ALL,

I have applied for ILR based on 10 years of residence, absence of 200 days and no gaps (all by myself).

posted on: 9 August
ACK: 17th August
Bio Invite: waiting

Currently, I am on Tier 1 visa which expires on 28th FEB 2013. One of the issue I am having is my HR is harassing me and my boss about my visa.

They are worried that after 28th FEB I will not be able to work legally and want to cover their back by giving me leave notice in January 2013. I did inform them that once the application is submitted, I am eligible to work legally until UKBA make decision. Do you guys have similar problem at work?

Thinking about worst case, if I get rejected for ILR. How can a company adhere to their legal procedure of one month legal notice? also can I then apply to extend my Tier visa (even though I might have run out of visa)


Another option I was thinking about is to wait till end of November 2012 and if I dont hear anything from UKBA, I should pull back my ILR application. UKBA can return documents in 20 days. And apply for Tier 1 extension in January.


I am sure there are other candidates who are going through similar pressure. It would be nice if you can share your experience plus give some suggestions on what would be ideal thing to do ! !



Thanks,
Dhawal.

[geriatrix]

1. Make them read Section 3C, particular sub-section 6.
2. Make them read What is my immigration status while my application is being decided? (at the bottom of the webpage).
3. Ask them to check your legal right to work in the UK by using Employer Checking Service.

[onabanjo]

It is true some ill informed employers indulge in this embarrassing behaviour. However, i am in support of what the moderator,sushdmehta suggested which in fact is the way it should be handled.

However, i will advise you print the link (as advised by the moderator) and avail them a copy for their perusal.

On the second issue of withdrawing your application if you don't hear from UKBA at a particular time,PLEASE don't do such a thing as that WILL compound your case.

Regarding the time it has taken ,put your trust and hope on GOD that all is well.There is no need thinking that there is a problem because it has taken this long to come.Some applications by post take that long and even longer.As a matter of fact i know of someone whose application spent a year , 2 months and some days, yet it came back approved.

Be positive in your thoughts and don't give up .

[dhawalthakker]

Thanks onabanjo and sushdmehta. I will print the information out and go through with them.

I am sure this will make them to be more supportive rather thinking about when they can drop a bomb on me i.e. notice letter.


I will keep you informed.

Cheers

[vinny]

If you can, get written confirmation from the UKBA that you had made a valid in-time application.

See also Sponsors, paranoia and unfair dismissal.