ILR Problem

LandRover · Post by **LandRover** » Thu Mar 29, 2007 1:40 pm

Hi,

My work permit is issued for one year initially through Employer1 on February 2002 but I have arrived in UK in July 2002. My work permit extension was applied one week before its expiry through Employer1. Due to number of reasons about the company, it has been delayed for long period of one year. Employer1 has few clients in UK and I was placed to complete a task with Employer2. During the process, when I explained my work permit situation and Employer2 was convinced and applied for my work permit. Hurraaahâ€¦ my work permit has been issued for 4 years after a long gap of 18 months. I am sure no one would have faced such a tuff situation like meâ€¦ I am with the Emplaoyer2 and my ILR is due in June 2007.

1) My work permit extension was applied before its expiry.
2) My passport was sent along with the application and it remained with home office for these 18 months.
3) All the time I am working.
4) My application was never rejected with employer1 and never received any intimation to leave the country like others.
5) Home office has refused to issue the extension in couple of occasions and asked me to reapply.

Based on these details, can any one discuss on my eligibility and scope to ILR?

Thanks,

LandRover · Post by **LandRover** » Fri Mar 30, 2007 12:19 pm

Any thoughts on this?

Siggi · Post by **Siggi** » Fri Mar 30, 2007 12:28 pm

LandRover
You will need to apply for a further one year extention, before you can apply for ILR, which is now five years (since April 2006)
Sorry for the bad news.

olisun · Post by **olisun** » Fri Mar 30, 2007 2:11 pm

Siggi wrote:LandRover
You will need to apply for a further one year extention, before you can apply for ILR, which is now five years (since April 2006)
Sorry for the bad news.

July 2002 + 5 yrs = July 2007

olisun · Post by **olisun** » Fri Mar 30, 2007 2:11 pm

olisun wrote:
Siggi wrote:LandRover
You will need to apply for a further one year extention, before you can apply for ILR, which is now five years (since April 2006)
Sorry for the bad news.
July 2002 + 5 yrs = June 2007

Siggi · Post by **Siggi** » Fri Mar 30, 2007 2:28 pm

Landrover/Olisum
My mistake sorry, just remember to do your Britishness test first .

Docterror · Post by **Docterror** » Fri Mar 30, 2007 3:09 pm

I need to clarify a bit of details before I get a clearer picture.

You said that the work permit (WP) extension was applied for by the 1st employer one week before it expired, but that WP was delayed by 1 year. So that means that you would have been an overstayer as the Entry Clearance(EC) issued to you would have been long expired as your first WP was only for a year. But then why was your passport at the Home Office(HO) as you do not need your passport for WP extension?

Or did you mean that you got the WP extended before the validity of your EC was up and then applied for the extension with the FLR(IED) and then that was kept at the HO for 18 months? But then did the HO give any reason for such a delay?

Were you an overstayer during any of the period that you were here?

zircon · Post by **zircon** » Mon Apr 02, 2007 4:10 pm

Yes, you are right Olisun

July 2002 + 5 yrs = June 2007

LandRover · Post by **LandRover** » Mon Apr 02, 2007 4:29 pm

Hi Docterror,

Based on a solicitor's advice at that time, I was told, while I am on work permit extension, and while it is under process through Employer1, I am eligible to work with Employer1, even though my entry clearance is expired.

When my extension was applied in December 2002, there is no processing fee and passport was sent along the application. Even though sending the passport is not mandatory, employers used to send the passport along the extension application assuming they can save time.

When my work permit extension is approved after the long gap, they have send the approval letter with 48 months. When I got the passport in hand, surprisingly, it was extended for 5 years. In 2004, the FLR (IED) system was introduced. But amazingly, I was not asked to do anything. They have sent the passport with stamping valid for 5 years.

Docterror · Post by **Docterror** » Mon Apr 02, 2007 5:04 pm

LandRover, I really cannot make out what the HO considers your immigration status to be as your Entry Clearance had expired before you had applied for the extension. I will advice you to make a subject access request as advised by John to the OP in this thread so that you can be sure when your ILR clock really started ticking.

LandRover · Post by **LandRover** » Mon Apr 02, 2007 5:38 pm

Thanks Docterror,

I have seen the Subject Access Request procedure from the home office. Can you please advice me, what sort of details I need to request them and how it helps me in the current situation?

Docterror · Post by **Docterror** » Tue Apr 03, 2007 10:43 am

Since your Entry Clearance had expired before you applied for the extension, there could be a possibilty that your ILR clock started ticking after you got the passport back from the HO and not from 2002. Having the Subject Access Request helps you to determine what the Home Office(HO) thinks about your current immigration status which will help you to figure out when you will be eligible to apply for your ILR.

The procedure to make the request is in (2) of this link.

LandRover · Post by **LandRover** » Tue Apr 03, 2007 11:16 am

Thanks again Docterror,

My entry clearance had not expired when Employer1 applied my extension. When Employer2 applied for extension both were under process and I have received the refusal letter for Employer1 and approval letter for Employer2 in the same day. If HO doesn't consider my first visa, I agree with you, my ILR clock started ticking after I have got my passport from HO.

Also, I have got all my P60s for each year to prove I am working all the time. Does it make any sense?

Again, what should I request through Subject Access Request, shall I ask about my eligibility for ILR or simply a report? I haven't got any idea.

sid79 · Post by **sid79** » Tue Apr 03, 2007 1:06 pm

Simple Question for Doctorr:

When you send the further leave to remain application(for Employer2) and your VISA is expired and HO accepts your in country application. could you please explain what does that means?

olisun · Post by **olisun** » Tue Apr 03, 2007 1:19 pm

sid79 wrote:Simple Question for Doctorr:

When you send the further leave to remain application(for Employer2) and your VISA is expired and HO accepts your in country application. could you please explain what does that means?

you are still legal... I would suggest the OP to go and apply for ILR...

Docterror · Post by **Docterror** » Tue Apr 03, 2007 1:43 pm

Landrover wrote:Based on a solicitor's advice at that time, I was told, while I am on work permit extension, and while it is under process through Employer1, I am eligible to work with Employer1, even though my entry clearance is expired.

Based on that I figured that your Entry Clearance had expired. If the application for the extension was made before the expiry of your Entry Clearance, you could have a shot at your ILR now as your stay would have been considered continuous as no break of 28 days were taken during the switch between the 2 employers.

I will let someone else with better experience to get to you about the SAR (Subject Access Report), but from the way I read it, you can just request to find out about your current immigration status and history along with ILR eligibility.

sid79 wrote:When you send the further leave to remain application(for Employer2) and your VISA is expired and HO accepts your in country application. could you please explain what does that means?

If your application for Further Leave to Remain(FLR) was made before the the subsisting visa had expired, the HO considers you to be legally resident under the rule generally known as "Section 3" and your stay will be considered continuous. (Search posts by John for further information about Section 3). But if the FLR is not made in time and you are an over-stayer, the HO does not usually decide such cases and if it does grant an extension in such a case, I donot know what to think about the immigration status of such a person. Isnt that what the SAR is for?

Input about anything from anyone with a better knowledge about this is greatly appreciated.

LandRover · Post by **LandRover** » Wed Apr 04, 2007 3:27 pm

When you send the further leave to remain application(for Employer2) and your VISA is expired and HO accepts your in country application. could you please explain what does that means?

I haven't applied for FLR (further leave to remain). Here is the brief story. When I received my approval letter from the HO, I called them and asked about the passport. I explained them, it was sent along the extension application. Then they said, the system was changed and the FLR department was different and they are unable to find my passport.

I have asked the HO to send a letter confirming that they have misplaced my passport. Then they have vigorously checked and found after a week. When I received it, it was stamped for 5 years. That is it.

LandRover · Post by **LandRover** » Thu Apr 05, 2007 9:16 am

hi Docterror / sid79

Any comments?

Docterror · Post by **Docterror** » Thu Apr 05, 2007 10:26 am

The way I see it, you will be able to apply for the ILR in this June itself as during no time were you an overstayer and as the rejection of your WP for your first employer was on the same day as the approval of the WP for the 2nd employer, which is well within the 28 days allowed between 2 WPs. Just relax, be confident and be prepared and the ILR should be yours come June.

LandRover · Post by **LandRover** » Thu Apr 12, 2007 9:25 am

Thank you Docterror,

I have decided to go ahead and apply for ILR in June. Can any body suggest a good immigration solicitor to handle my case?

olisun · Post by **olisun** » Thu Apr 12, 2007 11:19 am

LandRover wrote:Thank you Docterror,

I have decided to go ahead and apply for ILR in June. Can any body suggest a good immigration solicitor to handle my case?

Go and apply directly....

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