Interesting ILR query

Notsure07 · Post by **Notsure07** » Tue Jun 26, 2007 8:30 pm

Hi guys,
I wonder if someone Could help me please.

I got my WP for 3 years initially (oct02 to oct05) but lost the job in Feb04 and my second employer applied for change of employment and it was refused 3 times due to lack of advertisement.
(HO also sent a letter that I donâ€™t have to leave the country based on the decision and can stay until my first work permit expiry date-i.e Oct 05)
Since then I was looking for a job and found one before my visa was expired but went to my home country as I didnâ€™t want to stay here after my visa expired and came to know my new employer got the work permit based on out country application and got a new entry clearance (work permit) and came back to the UK in 2 months time.

Since then I have been with this new employer (decâ€™05).

Now one agent is telling, I can apply for ILR?.
Can I ? ..I am not sure I am â€¦coz there is a gap in employment.

What he told, since I was not out of country for more than 3 months, I can apply â€¦is that true?.
Could you guys advise me?

Thanks a lot

LondonBlonde · Post by **LondonBlonde** » Tue Jun 26, 2007 9:23 pm

You can be out of the country for six months or less. Not sure you can have a gap in your work permits.

How much time passed between your two work permits? Or, did they overlap?

LondonBlonde

Notsure07 · Post by **Notsure07** » Tue Jun 26, 2007 9:37 pm

Thanks for your reply.

I was only out of the country for 2 months.
No they didnt overlap.

First one was oct02 to oct05.

second one was applied in sep05 and but approved in oct05 to 2010.

thanks again,

LondonBlonde · Post by **LondonBlonde** » Tue Jun 26, 2007 9:43 pm

I think you will be ok for ILR this fall then.

Good luck to you,

LondonBlonde

SYH · Post by **SYH** » Tue Jun 26, 2007 11:44 pm

Thanks for the double post
If you did not work for the whole period your wp visa was in effect, then you will not be eligible for ILR

olisun · Post by **olisun** » Wed Jun 27, 2007 6:33 am

Notsure07 wrote:Hi guys,
I wonder if someone Could help me please.

I got my WP for 3 years initially (oct02 to oct05) but lost the job in Feb04 and my second employer applied for change of employment and it was refused 3 times due to lack of advertisement.
(HO also sent a letter that I donâ€™t have to leave the country based on the decision and can stay until my first work permit expiry date-i.e Oct 05)
Since then I was looking for a job and found one before my visa was expired but went to my home country as I didnâ€™t want to stay here after my visa expired and came to know my new employer got the work permit based on out country application and got a new entry clearance (work permit) and came back to the UK in 2 months time.

Since then I have been with this new employer (decâ€™05).

Now one agent is telling, I can apply for ILR?.
Can I ? ..I am not sure I am â€¦coz there is a gap in employment.

What he told, since I was not out of country for more than 3 months, I can apply â€¦is that true?.
Could you guys advise me?

Thanks a lot

What did you do between feb 04 and Oct-05 ??

Notsure07 · Post by **Notsure07** » Wed Jun 27, 2007 9:36 am

I dont want to lie here. After i lost my job, i did work for for an emloyer.You can say illegally now.

Finally before my visa was expired & told that I had to apply for work permit as i didnt want to stay here.

But the solicitor told me I can't apply for change of employment since i lost the job Feb'04,which HO was aware of, but I can apply for fresh work permit.

I dont mind waiting for another 3 more years but want to know what the agent sais was corret or not.

thanks

olisun · Post by **olisun** » Wed Jun 27, 2007 10:40 am

Notsure07 wrote:I dont want to lie here. After i lost my job, i did work for for an emloyer.You can say illegally now.

Finally before my visa was expired & told that I had to apply for work permit as i didnt want to stay here.

But the solicitor told me I can't apply for change of employment since i lost the job Feb'04,which HO was aware of, but I can apply for fresh work permit.

I dont mind waiting for another 3 more years but want to know what the agent sais was corret or not.

thanks

Since the HO know that you lost your job in Feb 04 and were denied the WP 3 times after that, technically your ILR clock was reset on Feb 04 and you have been working illegally.

Also you have a gap of 2 months between the 2 WP's without any overlap makes your case even weaker.

Yes you can't apply for a COE and you need to apply for a new WP.

Others can comment on this

Notsure07 · Post by **Notsure07** » Wed Jun 27, 2007 11:00 am

Hi,
I agree with you that the HO knew that i lost my job in Feb 04 and change of emPloyment was refused 3 times due to lack od advertisement.

i am not too sure about 2 months gaP you had mentioned.
My first work Permit was exPired in oct05 but my EmPloyer had aPPlied for a new wP before my first was exPired(Oct05).BUt it was apProved in oct06 and since my new wp was taking time to aPProve i didnt want to stay here after oct05. so i left the country & came back with extry clearence(work permit)=2 months gaP

why whould i apply for new wp now as i have been with this emloyer since then to whom the wp was issue?

kck9 · Post by **kck9** » Wed Jun 27, 2007 11:09 am

Dear Notsure,

As the post subject says, it is really interesting question.

I want to ask you, who said that you can stay in this country (till Oct 2005)even after loosing the job in Feb 2004.

Did you get any response from Home office in writing.

As far as my knowledge, I think you cant stay in this country more than 28 days if lost the job in the middle of the work permit period.... I may be wrong. but please clarify this as that might be wrong information give by the person whoever said that to you.

In that grounds it is more risky for you to apply for ILR.

hope am right?
Thnx

Notsure07 · Post by **Notsure07** » Wed Jun 27, 2007 11:42 am

Hi kck9,
please read my Post again.

i would have mentioned

(HO also sent a letter that I donâ€™t have to leave the country based on the decision and can stay until my first work permit expiry date-i.e Oct 05)

olisun · Post by **olisun** » Wed Jun 27, 2007 11:46 am

Notsure07 wrote:Hi,
I agree with you that the HO knew that i lost my job in Feb 04 and change of emPloyment was refused 3 times due to lack od advertisement.

i am not too sure about 2 months gaP you had mentioned.
My first work Permit was exPired in oct05 but my EmPloyer had aPPlied for a new wP before my first was exPired(Oct05).BUt it was apProved in oct06 and since my new wp was taking time to aPProve i didnt want to stay here after oct05. so i left the country & came back with extry clearence(work permit)=2 months gaP

why whould i apply for new wp now as i have been with this emloyer since then to whom the wp was issue?

U are confusing the hell out of here..

UR first WP expired in October 05 and new one was Approved in October 06 and you have a gap of 2 months between the WP's which I fail to understand how?

And as somebody else posted on this forum, you CANNOT work for another employer till your WP is atleast approved so that may go against you when you apply for ILR.

kck9 · Post by **kck9** » Wed Jun 27, 2007 11:53 am

Notsure07 wrote:Hi kck9,
please read my Post again.

i would have mentioned

(HO also sent a letter that I donâ€™t have to leave the country based on the decision and can stay until my first work permit expiry date-i.e Oct 05)

Dear Notsure,

You are right? but dint your first employer informed home office about the job that you lost or does the home office know that you are here in this country without doing job under the employer who applied work permit for you initially.

Are you allowed to stay like that until Oct 2005, even after loosing the job in Feb 2004?

Confirm these things.

I think the doubts can be cleared in your answer itself.
Thanks

olisun · Post by **olisun** » Wed Jun 27, 2007 11:58 am

Notsure07 wrote:Hi kck9,
please read my Post again.

i would have mentioned

(HO also sent a letter that I donâ€™t have to leave the country based on the decision and can stay until my first work permit expiry date-i.e Oct 05)

Yeah but does the letter say that you can work for your new employer without a new WP?

LondonBlonde · Post by **LondonBlonde** » Wed Jun 27, 2007 12:04 pm

Notsure07 wrote:I dont want to lie here. After i lost my job, i did work for for an emloyer.You can say illegally now.

Finally before my visa was expired & told that I had to apply for work permit as i didnt want to stay here.

But the solicitor told me I can't apply for change of employment since i lost the job Feb'04,which HO was aware of, but I can apply for fresh work permit.

I dont mind waiting for another 3 more years but want to know what the agent sais was corret or not.

thanks

In light of this gap in employment, I think your ILR clock may have been reset in Oct 05.

However, it is unusual that the HO would have sent you a letter inviting you to stay until your permit expired.

If it was me, I would attempt to find better advice from a good Imigration solicitior and apply this fall for ILR if he says you have a chance. You only have the fee to lose if you fail.

LondonBlonde

Notsure07 · Post by **Notsure07** » Wed Jun 27, 2007 12:50 pm

Hi,

olisun
sorry if you read from beginning it would Prove that Oct06 was a tyPing mistake.It was Oct05.

LondonBlonde

Thanks for your word.i feel the same.But all i wanted to know what the agent said was correct or not.would you recommend good immigration lawyer one/msg me Please

Kck9
I dont think so my first emloPloyer had informed the home office when i lost the job in feb04.other wise i would not have got that kind of letter.

All i did one mistake was in the change of emloyment aPPlication form for my second emloyer, i had metioned honetly the last date of my first emPloyment.

If I had mentioned(in feb04) saying i was still with the first emPloyer all these troubles would not have come.

LondonBlonde · Post by **LondonBlonde** » Wed Jun 27, 2007 1:10 pm

I would seek advice from workpermits.com They are the people who run this board.

+44 (0)20 7842 0800

Good luck to you,

Londonblonde

Notsure07 · Post by **Notsure07** » Wed Jun 27, 2007 1:57 pm

Thanks again guys for your input & suggestion.
could i ask one last question?
would refusing my ILR application affet my exising permission?.would then cancel it if they refuse ILR?

Thanks.

olisun · Post by **olisun** » Wed Jun 27, 2007 2:01 pm

Notsure07 wrote: would refusing my ILR application affet my exising permission?.would then cancel it if they refuse ILR?

Nope

kck9 · Post by **kck9** » Wed Jun 27, 2007 2:07 pm

Notsure,

I am not sure about the question that you asked me.

Can I just ask how long you can stay in UK if you lost the job in the middle of the work permit. It is a general question, just for information. Is it legal or illegal to stay until we find a new job and fill the change of employment application.

Please let me know.

Thnx

Notsure07 · Post by **Notsure07** » Wed Jun 27, 2007 3:39 pm

Hi kck9,

If i was sure how long a Person can stay once he/she lost the job, i would not have Posted my case here.you would be better off asking seniors here.i am sorry i could not help you in this case

kck9 · Post by **kck9** » Wed Jun 27, 2007 4:36 pm

Hi notsure,

your question didnt mean like that. you just asked whether you are eligible to apply for ILR or not?

Anyway I just asked you generally as you specified, you stayed and worked illegal........just thought i can find what is legal.......

sorry mate, i coun't help you much.....

good luck

PASS · Post by **PASS** » Wed Jun 27, 2007 6:14 pm

Notsure07 wrote: I had mentioned(in feb04) saying i was still with the first emPloyer all these troubles would not have come.

This could be the reason why you are allowed to continue. HO assumed that you're still with first employer, they only refused changing your job to second employer.

Under these circumbstances, you worked illegally from Feb 04 until Sep/Oct 05. This is against sprit of your first WP. Assume that if HO allowed you to stay until expiry of your first WP and you used that period to work for the second WP employer (who's application was refused) it will be considered inappropriate. This is applicable if you worked for anybody else.

You could make a subject access and get all info. HO have about you, review and then apply for ILR. You may have to wait for another 45 days!

Notsure07 · Post by **Notsure07** » Wed Jun 27, 2007 7:00 pm

All right friends ,

Let me thank you again for your valuable question & inputs
I never though that I would be eligible for ILR.
Since this consultant told me, I was slightly tempted and wanted to ask you guys.
I am happy & can carry on with my current permit, which I think legal.
May be if my fate allows me, I would get one after 5 years using my current permit.

But if you were in my position, would you trust this consultant, who thought I could apply as I was out of country for 2 months only, apply for ILR?

I value your advice.

Take care,

olisun · Post by **olisun** » Wed Jun 27, 2007 8:14 pm

Notsure07 wrote:All right friends ,

Let me thank you again for your valuable question & inputs
I never though that I would be eligible for ILR.
Since this consultant told me, I was slightly tempted and wanted to ask you guys.
I am happy & can carry on with my current permit, which I think legal.
May be if my fate allows me, I would get one after 5 years using my current permit.

But if you were in my position, would you trust this consultant, who thought I could apply as I was out of country for 2 months only, apply for ILR?

I value your advice.

Take care,

I would take a risk and give it a try (not thru the consultant)

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Interesting ILR query