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Hi,

I had work permit in Sep 2007 until Feb 2009 , at that time there was no need of a employer to be in a sponsor list so HO don't have any records plus my colleague ,the manager did not report any thing to HO when i left the job. . I had clashes with my employer so i left the job in Oct 2008 with 30 days notice. I tried to apply for Tier 1 General but the application was going out of time so i went back to him and requested him so keep showing me as employed but not pay me. He agreed and did not inform HO. It is confirmed

I was refused the visa but then i made an appeal and granted visa in April 09 but the HO stamped and sent my pp back in with Tier 1 stamp from Sep 09.

I started self employed work since then but did not pay any tax until now. I now have shown enough funds to meet the income band in the last 12 months period.

My queries are:

1- I am not covered for the period form Feb 09 till Sep 09 technically. Would HO check with the previous employer or HMRC for this and if so how can i cover this ?

2- I was told only last 12 months earning have to be shown and it doesn't matter if i did not show enough fund for previous 02 years for ILR. Is it ok?

3- If i apply for ILR and get refused on the basis of work permit time reason would i still be able to apply for Tier 1 extension of 02 years if the objection for refusal will not be of work permit time line then should i only appeal on the basis of refusal points or also apply for Tier 1 extension.

Please note i will apply via the window same day so i will still have time for both options and also wish to apply through a solicitor. Do you have any recommendations ?

Hi shah78!
Any update on this. I am in the same sort of situation.

You may have a WP document issued by Home Office so it should not be an issue.

when did you apply for Tier 1 after your WP expired? you may not meet continuous residence requirement if the gap is more than 60 days.

Where the applicant has a break in employment and applies for further leave as a Tier 2
migrant or a work permit holder to work for a new sponsor or on a new work permit within 60
days of the end of the employment with the previous sponsor or permitted employer, such a
period may be disregarded for ILR.
Also, where the applicant has made a successful application to switch into a Tier 1 category
during the 60 day period, for the purpose of calculating the permitted absences, the
applicant will be considered to have been a Tier 1 migrant from the date of that application.
So for the purpose of paragraph 245AAA (b) the applicant will have had Tier 1 leave from
that date

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

shah78 wrote:Hi,

I had work permit in Sep 2007 until Feb 2009 , at that time there was no need of a employer to be in a sponsor list so HO don't have any records plus my colleague ,the manager did not report any thing to HO when i left the job. . I had clashes with my employer so i left the job in Oct 2008 with 30 days notice. I tried to apply for Tier 1 General but the application was going out of time so i went back to him and requested him so keep showing me as employed but not pay me. He agreed and did not inform HO. It is confirmed

I was refused the visa but then i made an appeal and granted visa in April 09 but the HO stamped and sent my pp back in with Tier 1 stamp from Sep 09.

I started self employed work since then but did not pay any tax until now. I now have shown enough funds to meet the income band in the last 12 months period.

My queries are:

1- I am not covered for the period form Feb 09 till Sep 09 technically. Would HO check with the previous employer or HMRC for this and if so how can i cover this ?

2- I was told only last 12 months earning have to be shown and it doesn't matter if i did not show enough fund for previous 02 years for ILR. Is it ok?

3- If i apply for ILR and get refused on the basis of work permit time reason would i still be able to apply for Tier 1 extension of 02 years if the objection for refusal will not be of work permit time line then should i only appeal on the basis of refusal points or also apply for Tier 1 extension.

Please note i will apply via the window same day so i will still have time for both options and also wish to apply through a solicitor. Do you have any recommendations ?

thanks for the info Pratham.

My route is 10 year residence ILR. When my WP employment ended, I still had 2 years remaining leave on the basis of WP. But the gap between end of employment and switching to a different category was about 6 months (I switched to another category before expiry of my WP leave).
I have WP document issued by Home Office (which you are saying should cover me in this situation ?)

samiah123 and Shah.
I just had my ILR approved. I was on WP and then switched to Tier 1 G. The CW specifically asked for any docs to show I was working with WP employer before I switched to Tier 1. Docs he asked was P60 or employer letter. So if you could somehow have a letter from the wp employer it should be OK as you cant show the tax docs. Though I think your stay is illegal once WP employment has ended and you haven't switched to a new category within 2 months.

thanks