Help please, urgent!

[eternal1098]

Dear all,

I have been in the UK legally for 10 years with no gaps, and was working as a doctor. For this job I hadTier 2 sponsorship (which expires 2016). I qualified to apply for indefinite leave to remain in Oct 2013, so I sent off my ILR Set LR application in March (currently being processed by the home office).

Unfortunately I was recently involved in a very bad car crash and broke my spine, injuries of which meant I couldn't return immediately to my old job as a doctor, but as luck would have it, I have instead been offered a new temporary role as a clinical research fellow which is less demanding, after which i can then return back to being a doctor once the research project is completed, and my injuries have healed.

I am now stressed as obviously I can't be employed in the research role yet, as my sponsor was the previous hospital/deanery I worked in, and not the university who have offered me the research job. My employment with my previous sponsor ended beginning of April.

Do I now have to:
1) Withdraw my ILR application from the home office so that I then apply for a new visa with the university as my sponsor, after which I then make a new ILR application (this is VERY costly, as I will lose £1000 for my ILR application withdrawal, then have to pay for a new visa, and pay again then a new ILR application).

2) Can I wait till my ILR is granted (which hopefully will be in May or June I think) . I know this probably means I cannot take on new employment in the mean time which I don't mind as I can use the time to recover/recuperate. However I would like to know my legal status of remaining here in the whilst I am awaiting my ILR approval. Is it illegal for me to be in the UK now that I have technically left the old job.

I would be grateful for any help, as I am very confused with the situation I now find myself in.

Many thanks

[sagareva]

my instinct suggests that you are only responsible for representing things as they were at the time of your application

which apoplication, indeed, should be just about at the front of processing queue

you application is based on long residence which you completed.

i frankly would sit tight and wait until it comes through and then take new jobs and whatever you want. IMHO

now, 3C leave is a tricky thing, meaning your leave with all conditions therein continues while your ILR is pending. I'd reckon if you are injured and physically unable to work, this cannot possibly be held against you, and you therefore cannot be considered illegal. technically 3c leave would operate even if you had no other leave

what I would NOT do is take any jobs that would not be allowed under the conditions of the leave you had/have. take the positions for now that you are injured and unable to work during recovery, and wait for ILr to come through

[eternal1098]

Thank you very much for your reply.

Obviously if I had thought about it from a visa point of view, I would have gone back to my old job (though with reduced duties), but I didn't think it would be safe for the patients and myself, hence I choose to take the research role.

I'm not currently employed by the university yet, so I guess my status is now unemployed. With regards to the 3C rule, from what I understand this is for an extension if your leave has already expired whilst pending a decision or appeal,
but my leave expires in 2016 (and I'm hoping things will be sorted by then!), so does this still apply to me?

I appreciate your advice on sitting tight and not taking on any other employment, but am a little worried that my ILR will be declined because I am now not working...

[Rockefeller]

You currently have a leave to remain under section 3C of Immigration act 1971 and that means you will be allowed to work until your outstanding application is decided provided your last granted leave to remain allows you to work.

Your new employer should apply to Home Office by completing the employer checking service form. They usually respond within five working days. You can read further on this by clicking https://www.gov.uk/government/publicati ... ht-to-work

Best wishes