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ILR 10 yrs - Emergency Situation

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mirosgrimaldi
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Posts: 8
Joined: Mon Mar 14, 2011 9:57 am

ILR 10 yrs - Emergency Situation

Post by mirosgrimaldi » Mon Oct 21, 2013 6:24 pm

Hi All,

I have an emergency situation. I currently hold a Tier 2 General permit until March 2014 and last week I applied for my Indefinite Leave to Remain, after 10 yrs of lawfully stay in the UK.

I work in the hospitality industry and it has been rumours for quite a while that the company will be closing down due to an extensive renovation, nothing clear or definitive, just rumours(no dates or times, etc). However, I have always been advised that company will be keeping several members of top managment, including me.

As usual, Companies change their mind from one moment to next. Now the times has come and they have now announced that they will be closing end of November and that they are not keeping staff as they have said. Still some things to be discussed and nothing finalized as yet but it seems a redundancy package may be on offer.

My queries are: How does my current application be affected by a redundancy? Let's say I get redundant next month, my application is already in, do i need to inform UKBA? So basically my Tier 2 is terminated in the middle of my apllication for ILR

In addition, I have a dependant. My spouse works full time . Since the ILR application does not allow dependants, we were under the impression that my leave under Tier 2 will cover my spouse until March 2014. However, we have been advised to launch an application for further leave to remain for my spouse under the condition that when my ILR is approved so my spouse LTR will be approved too.

Can my spouse continue working while the applications (my ILR and my spouse FLR)get approved? Even though that by end of next month I will not be in Tier 2 anymore.

I will appreciate if anyone can give me some advice or has some similar situations and hpow to approach this matter?

Many Thanks,
Miros

Damanisshallo
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Re: ILR 10 yrs - Emergency Situation

Post by Damanisshallo » Tue Oct 22, 2013 10:00 am

mirosgrimaldi wrote:My queries are: How does my current application be affected by a redundancy? Let's say I get redundant next month, my application is already in, do i need to inform UKBA? So basically my Tier 2 is terminated in the middle of my apllication for ILR

The good thing about 10 YR LR Route is, it doesn't get affected with your economic circumstances. However, it is advisable to keep UKBA updated.

In addition, I have a dependant. My spouse works full time . Since the ILR application does not allow dependants, we were under the impression that my leave under Tier 2 will cover my spouse until March 2014. However, we have been advised to launch an application for further leave to remain for my spouse under the condition that when my ILR is approved so my spouse LTR will be approved too.

Yes, keep your spouse's FLR(M) ready to hand so as and when your Tier 2 gets curtailed, you can post her application. Tailor this template to suit your circumstances.

Can my spouse continue working while the applications (my ILR and my spouse FLR)get approved? Even though that by end of next month I will not be in Tier 2 anymore.

Yes, she'd be covered under Section 3C whilst her application is outstanding. Once she gets her biometrics enrolled, she can ask her employer to use ECS to check her entitlement to work.

I will appreciate if anyone can give me some advice or has some similar situations and hpow to approach this matter?

Many Thanks,
Miros
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