ILR Eligibility as WP expires

[jbinuk]

Hi,

I have a friends who in a few months time is due to apply for ILR on the basis of 4+1 (5 years) in WP status. However, she is very worried that her WP expires just few days after she had completed 5years. According to the rules, you can submit an ILR application once you have completed 4 yrs and 11 mons. And the fact that, she is not quite sure if her employer intends extend the work permit..they might think that it not necessary to apply for an extension because she should be able to obtain her ILR. But HO is very unpredictable that you really wont know how they will assess you application.

Is there anyone here who have experienced such case or anyone know of someone who have gone through the same situation? Is it very likely that HO will refuse her application, considering the fact that she would have had completed the 5 years.

Thanks

[rooi_ding]

Your friend has nothing to worry about; she just has to make sure her application is made 28 days before he visa expires. 4yrs + 11months. If she is applying after 1 April then she will have to take a "Life in the UK test" as part of her application, this link tells you about it. www.lifeintheuktest.gov.uk

[jbinuk]

Thanks for the prompt reply.

She said she had book a Life in the UK test 2 weeks from now so hopefully she can pass it.

She is quite worried that HO will refuse her application on the basis that there will be continuity of her work if her employer will not support her with the renewal of WP. But then, the purpose of renewing her work permit is useless if she is eligible for ILR. So I just really hope that everything will be fine when her application is already with the HO.

Thanks

[rooi_ding]

Yes there is no need to renew her WP she will have to request a letter stating that they will continue to employ her once she has ILR. This is just a formality and by no means is she bound to your employer once she has ILR, however I would not let her employer know this until she has the ILR.

[jbinuk]

What about just an employment certificate, is it enough to prove that she is currently emplyed or she really must ask for a letter that her employee will still continue to emlpoy her. What if the employer decide not to continue her emplyment when the WP expires even if they know that she is eligible to apply for ILR, meaning whe will be out of work just few days after her 5years will elapse. Does it make sense?

[rooi_ding]

I think what you are saying is that the employer is thinking of terminating her contract once her WP expires, this is unfortunate. However she does have to prove that her employment is ongoing. Contrary to what I said early she might consider letting her employer know that writing a letter is not binding and that they are not obliged to keep her on. In theory she will still be employed for 28 days after her application is made and if she does a same day application she could resign as she walks out the HO building.

[jbinuk]

Thanks for all the response.

All your advise will surely make her less worried. She is not actually worried if in case the employer will terminate her employment but her only worry is the effect it will do to her ILR application. But as soon as she gets an ILR then there will be less pressure for her to find another job. And in fact, she was supposed to have obtained her ILR if HO did not extend 4yrs to 5yrs. She was so unfortunate that the rule took effect 2 weeks prior to her eligibility of 3 yrs and 11 months. Some changes to the immigration law are just really unfair for many people.

Thanks for everything.

[rooi_ding]

When is she eligible for ILR?

[rooi_ding]

Sorry just did the maths. Thought she might not have to take the life in the UK test, but she is short by 2 weeks again. All the best

[jbinuk]

She will complete her 4 yrs and 11 months by mid-april so she has to take the test. She is always unfortunate when new laws take effect.