Critical situation - WP cancelled but continued work

[AnotherIssue]

All Expertiese,

Thanks for looking at my query.

I have applied for 10 years long stay residency in the month of Nov 2012, so technically 6 months time has passed and outcome yet.

I came to this country as a student in the year 2003 and got WP (non PBS) in the year 2008, I was there for that company who sponsored WP, only for 2 months and my employment was terminated due to driving license issue, but I continued to work on same WP in different employments on a contract basis, so technically no PAYE was run as it wasn't possible due to WP status. Then I got Tier 1 general in the year 2011, since then everything was normal when it comes to PAYE and all other things.

My question, during my time on WP - no PAYE, will this affect my Long residency application?

Any help would be much appreciated.

Thanks in advance.

[Lucapooka]

Did you make a new application after your WP was cancelled? On face of it (from the very small and vague information you have provided) it looks like your T1 was issued in error. You were not living within the terms of your existing leave at that time and had not been doing so for some three years.

[sheraz7]

Every legal residence is counted towards 10 years long residence - ILR category as long as the conditions of each leave/visa has continuously been met too.

[AnotherIssue]

Thank you both for prompt reply.

Ok, to clarify bit more on my situation. My WP wasn't cancelled, but however no PAYE, NI wasn't paid while my status was on WP.

Hope this clarifies bit more to suggest.

[PaperPusher]

All Expertiese,

Thanks for looking at my query.

I have applied for 10 years long stay residency in the month of Nov 2012, so technically 6 months time has passed and outcome yet.

I came to this country as a student in the year 2003 and got WP (non PBS) in the year 2008, I was there for that company who sponsored WP, only for 2 months and my employment was terminated due to driving license issue, but I continued to work on same WP in different employments on a contract basis, so technically no PAYE was run as it wasn't possible due to WP status. Then I got Tier 1 general in the year 2011, since then everything was normal when it comes to PAYE and all other things.

My question, during my time on WP - no PAYE, will this affect my Long residency application?

Any help would be much appreciated.

Thanks in advance.

Are you saying that you were working illegally for other employers rather than the one on your work permit? Who was paying you between 2008 and 2011?

[AnotherIssue]

I am IT Consultant and was contracting during that period.

[PaperPusher]

I am IT Consultant and was contracting during that period.

Who was paying you between 2008 and 2011?

You could be a self employed IT contractor or working in IT for an employer who contracts you out. So who was paying your salary, if anyone? If you weren't employed by the employer on the WP (who may contact you out to another business) then that is a problem.

It really does seem as if you were working illegally from what you have posted so far. The lack of PAYE and NIC paid by the employer on the WP between 2008 and 2011 could well be a problem only because it means you were working illegally.

The current SET(LR) application asks:

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

D9. Have you ever worked in the United Kingdom without immigration permission to do so (that is, contrary to your conditions of stay)?

If you lie about working illegally, then you could be in trouble for the illegal working and using deception.

If you lied about illegal working in your previous Tier 1 application then you have to answer yes to this question too:

D11.. Have you ever used deception when seeking leave to enter or leave to remain?

What did you write for these two questions?

[Lucapooka]

I agree and can only repeat my previous comment

On face of it (from the very small and vague information you have provided) it looks like your T1 was issued in error. You were not living within the terms of your existing leave at that time and had not been doing so for some three years.

No wonder the application is taking so long; they are probably making a lot of enquiries into the circumstances.

[AnotherIssue]

I am IT Consultant and was contracting during that period.

Who was paying you between 2008 and 2011?

You could be a self employed IT contractor or working in IT for an employer who contracts you out. So who was paying your salary, if anyone? If you weren't employed by the employer on the WP (who may contact you out to another business) then that is a problem.

It really does seem as if you were working illegally from what you have posted so far. The lack of PAYE and NIC paid by the employer on the WP between 2008 and 2011 could well be a problem only because it means you were working illegally.

The current SET(LR) application asks:

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

D9. Have you ever worked in the United Kingdom without immigration permission to do so (that is, contrary to your conditions of stay)?

If you lie about working illegally, then you could be in trouble for the illegal working and using deception.

If you lied about illegal working in your previous Tier 1 application then you have to answer yes to this question too:

D11.. Have you ever used deception when seeking leave to enter or leave to remain?

What did you write for these two questions?

Thanks for your response, as I said in my question, I have applied for SET(O) and not SET(LR). Does it makes any difference?

[PaperPusher]

I am IT Consultant and was contracting during that period.

Who was paying you between 2008 and 2011?

You could be a self employed IT contractor or working in IT for an employer who contracts you out. So who was paying your salary, if anyone? If you weren't employed by the employer on the WP (who may contact you out to another business) then that is a problem.

It really does seem as if you were working illegally from what you have posted so far. The lack of PAYE and NIC paid by the employer on the WP between 2008 and 2011 could well be a problem only because it means you were working illegally.

The current SET(LR) application asks:

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

D9. Have you ever worked in the United Kingdom without immigration permission to do so (that is, contrary to your conditions of stay)?

If you lie about working illegally, then you could be in trouble for the illegal working and using deception.

If you lied about illegal working in your previous Tier 1 application then you have to answer yes to this question too:

D11.. Have you ever used deception when seeking leave to enter or leave to remain?

What did you write for these two questions?

Thanks for your response, as I said in my question, I have applied for SET(O) and not SET(LR). Does it makes any difference?

Not really because those two questions will be on that form too, and will have been on the version you sent in. AFAIK those questions have been on forms for a few years now.

So what did you write for those two questions?

[PaperPusher]

Just checked the old version of SET(O)

http://webarchive.nationalarchives.gov. ... o04091.pdf

The questions aren't there but bear in mind you are applying on the basis of 10 years lawful residence.