guys, need desperate help with ILR 10 years

[oakhurst]

Guys,
I am very concerned about my upcoming indefinite application and would like to ask some questions.

1998 – 2006 (Student Visa)
I’ve been living in the UK since Aug 1998 and my period for ILR (10 years long residence) will complete in Aug 2008. I earned Postgraduate diploma in management studies and then left for USA in 2001. I lived in USA for over 4 months and my UK student Visa was still valid on my return. I came back to UK with a valid student Visa and thereafter I did my MSC in Computer Science.

However, please note that in 2004 my student Visa extension was refused but I appealed and the appeal was accepted and the extension was granted without leaving UK.

2006 – 2009 (work permit)
In 2006 I applied for a work permit but I only worked at that company for two months, thereafter I moved to another company without switching the work-permit to the new employer.

Situation Now

Now it’s been more than two years since my work permit was granted and I’m still on the same work permit i.e. with the original company written on it. My work permit expires in 2009 and my 10 years ILR is due in Aug 2008.

My questions are:

1. Is the HO going to ask me to produce any pay slips? Because if they do so, I will be in trouble because I did not switch my work permit to the new company. I intend to apply under the 10-years rule and not under the 5-year work permit.

2. Do you think my visa refusal of 2004 (above) will be taken into account to my detriment even though I did not leave UK during the appeal process.

I would really appreciate every little help in this matter

[Wanderer]

Basically, you are in trouble if u did not get ur new employer to obtain a WP for you.

If this is the case, as it seems to be, not only is an ILR application a waste of money, you are in fact an overstayer and liable for removal/deportation/blacklisting....

And ur employer is possibly in the shit too if the Gov find out.......

Why did you not sort out ur WP in 2006?

[paulp]

The one thing in the OPs favour is that there is no financial support test for 10-year ILR, so there's no direct need to show bank statements or salary slips.

[Liberal Immigrant]

deleted. thx

[paulp]

There is no need to give payslips or bank statements but you do need to give your NI number. If the home office finds out that you changed employment without permission, i.e. violated the conditions of your work permit and visa, there is a great chance that you will be refused.

You may want to get expert advice.

[olisun]

Basically, you are in trouble if u did not get ur new employer to obtain a WP for you.

If this is the case, as it seems to be, not only is an ILR application a waste of money, you are in fact an overstayer and liable for removal/deportation/blacklisting....

And ur employer is possibly in the shit too if the Gov find out.......

Why did you not sort out ur WP in 2006?

but why wld they want to see my wage slips? after all, i am not applying under work permity ILR, rather i am applying under 10-year long residence rule.

what do u think?

You still haven't answered why you did not sort your visa in 2006??

[PaperPusher]

In 2006 I applied for a work permit but I only worked at that company for two months, thereafter I moved to another company without switching the work-permit to the new employer

Hello oakhurst/Liberal Immigrant (getting confused about who this relates to)

Sorry to be the bearer of (possibly) very bad news. If your previous employer completed the Notification of Premature End of Employment form like they declared they would when they got your permit, then your visa could have been curtailed a long time ago. Your previous employer could also have been visited by a compliance team, same result - visa curtailed.

but why wld they want to see my wage slips

If the HO wants to check that you have been here lawfully, why shouldn't they? You haven't been doing what your leave is for from sometime in 2006!

You have been working illegally & your employer is liable to a £5k fine. If you move employers again they could be liable to a £10k civil penalty and/or 2 years in prison under the new legislation.

If you get caught before you get ILR, there is a chance that you could be removed. If not removed then papers served that "stop the clock".

Do you think my visa refusal of 2004 ... will be taken into account to my detriment

I don't know.

[Liberal Immigrant]

deleted. thx

[Liberal Immigrant]

deleted. thx

[paulp]

now, i repeat my question, wld they still ask for payslips?

They can ask for payslips if their suspicion is aroused.

[PaperPusher]

"Notification of Premature End of Employment" is not an issue at all

previous employer could also have been visited by a compliance team, same result - visa curtailed

[Liberal Immigrant]

deleted. thx

[paulp]

can any steps be taken so as to avoid any suspicion arising?
wld they check NI number entry on their PC? bcoz if they do this, it will soon be clear that NI contributions arent coming from the same company for the last 2 years.

Yes, that's the main problem here. We don't know if the HO routinely checks the NI file.

[flanker_again]

I got the impression that 10-year ILR applications at the PEO are subject to stricter checks than ILR under other categories (WP or HSMP, for example).

The guy sat next to me at the PEO was granted ILR after about 45mins of checks by the caseworker - he was HSMP applicant.

My caseworker checked my details for about the same length of time (45mins) and told me everything looked fine to him. But my application had to be checked again by someone 'upstairs' and I had to wait for an additional 2 hours.

I do not know if they do this to all 10-year ILR applicants, but they definitely did it to me. And it's anybody's guess what checks they actually do 'upstairs'........

[jes2jes]

Let me just say that your situation is not good. What you should know is that, if the company has been reported bust to the BIA then they will know.

You have two options and I will lay them down for you:

- Make a SAR to the BIA to see what info they have on you. If there is no mention of your company going bust and curtailment of your WP, then you would be in 'luck'.

- Assuming the above is 'OK', apply for ILR under the LRC by post to avoid any questions and misfortunes. The good thing is that, the LRC only checks for your legal residency in the UK for the period and nothing else. No documentation required apart from your fee, application forms and passport (s).

You might get lucky but if the first point is not in your favour, then you are better off packing your bags and going home or to somewhere wonderful since you are in breach of the rules.

Someone I know did the same thing but I don't know if they had applied for ILR now or not since I know it would be refused outright since the employer needs to give you a letter that you are still employed and your employment would be continuous into the foreseable future.

All the best and I am just trying to help but the decision is yours.

NB: You never even know if the employer (who obtained your WP) has told BIA although he told you otherwise.

[Liberal Immigrant]

deleted. thx

[jes2jes]

rest assured that the ex-employer HAS NOT informed the BIA about his business going bust. it was a small local business, not a company and the owner was and IS a close friend of oakhurst.

I guess you did not read my post well.

[olisun]

rest assured that the ex-employer HAS NOT informed the BIA about his business going bust. it was a small local business, not a company and the owner was and IS a close friend of oakhurst.

Sounds like you are the "owner" who sponsored your friend's wp...

[thirdwave]

rest assured that the ex-employer HAS NOT informed the BIA about his business going bust. it was a small local business, not a company and the owner was and IS a close friend of oakhurst.

Sounds like you are the "owner" who sponsored your friend's wp...

Unlikely as Liberal is trying to sort his own status out through the legacy scheme

[Liberal Immigrant]

deleted. thx