Dismissed from job after positive Employer Checking Service

[kavya29]

Hello all,

First of all my big thanks to all in this forum. I just got my tier 1 extension successfully by following advices from here. Now I m into a new trouble. I am falling short of 30 days for 5 year completion for ilr. So, I m falling out of 28 days window by 2 days. I did spend a whole day searching this forum, google to find a way out for this. No luck so far. I did an in country shift from psw to tier 1
I have read quite contradicting , misleading info.
Have any of you come across such a situation? Pllll help... I can't imagine applying for an extension just for two days

Exact dates:

Tier 1 initial - 19 may 2011 - 19 may 2013
Applied extn on 27 mar 2013
Tier 1 extn : 19 apr 2013 - 19 apr 2016

As you can see, I am falling short of 30 days.

[selva]

Hello all,

First of all my big thanks to all in this forum. I just got my tier 1 extension successfully by following advices from here. Now I m into a new trouble. I am falling short of 30 days for 5 year completion for ilr. So, I m falling out of 28 days window by 2 days. I did spend a whole day searching this forum, google to find a way out for this. No luck so far. I did an in country shift from psw to tier 1
I have read quite contradicting , misleading info.
Have any of you come across such a situation? Pllll help... I can't imagine applying for an extension just for two days

Exact dates:

Tier 1 initial - 19 may 2011 - 19 may 2013
Applied extn on 27 mar 2013
Tier 1 extn : 19 apr 2013 - 19 apr 2016

As you can see, I am falling short of 30 days.

You have to go for another extension or you can post your application close to your visa expiry date and at the time of application decision hopefully you would have enough leave

[vinny]

Options.

[kavya29]

Thanks Selva & Vinny.
yes, i can make my application close to the expiry. But, i came across the UKBA guidance and few other posts in this forum which said the ilr eligibility period will be counted uptil the date i posted my application and not when the decision is made.

Can you please advice if its application date or the date of decision?
Also how good are the chances to vary my application to ILR after submitting it for an extension? I couldnt find much info about varying the application. will be great if you can tell me if i need to pay again for varying my application.

[go2khurram]

Thanks Selva & Vinny.
yes, i can make my application close to the expiry. But, i came across the UKBA guidance and few other posts in this forum which said the ilr eligibility period will be counted uptil the date i posted my application and not when the decision is made.

Can you please advice if its application date or the date of decision?
Also how good are the chances to vary my application to ILR after submitting it for an extension? I couldnt find much info about varying the application. will be great if you can tell me if i need to pay again for varying my application.

Please SEE ukba response against the same question I made

[kavya29]

Many many thanks go2khurram i am a lotttt relieved after reading your post!!!! i will sleep peacefully today after having lost a night's sleep yesterday I have understood that now. i think the bit i have highlighted below is the perfect answer for my confusion..

the continuous period will be counted backwards from the date of application. If however whilst awaiting decision, the applicant has reached or exceed the required 5 year period, the application would not fall for refusal as they would be considered to have met the requirement.


May I please ask you the email address that you wrote to to get this response? Great thanks once again!!

[go2khurram]

Many many thanks go2khurram i am a lotttt relieved after reading your post!!!! i will sleep peacefully today after having lost a night's sleep yesterday I have understood that now. i think the bit i have highlighted below is the perfect answer for my confusion..

the continuous period will be counted backwards from the date of application. If however whilst awaiting decision, the applicant has reached or exceed the required 5 year period, the application would not fall for refusal as they would be considered to have met the requirement.


May I please ask you the email address that you wrote to to get this response? Great thanks once again!!

No worries mate, the purpose of this forum is to help each other by sharing the knowledge and information which is being fulfilled. I am on the same boat and understand your situation. I applied 3 months before my qualifying date with the hope that my turn will come at least 3 months, Lets see how things going...

BTW here is the email address u asked for : SettlementOpsPolicy@homeoffice.gsi.gov.uk

[vinny]

AQ (Pakistan) v Secretary of State for the Home Department [2011] EWCA Civ 833 (20 July 2011).

[patel042013]

Hi Kavya,

I have a slightly same problem like you.

My one is 3years + 2years. 9 days short fall for ILR

Initial leave granted from 26/04/2010 until 26/04/2013
Extension granted [made via post] from 17/04/2013 until 17/04/2015.

In this case am I eligible to apply ILR please, If so when can I apply?

Thank you.

Hello all,

First of all my big thanks to all in this forum. I just got my tier 1 extension successfully by following advices from here. Now I m into a new trouble. I am falling short of 30 days for 5 year completion for ilr. So, I m falling out of 28 days window by 2 days. I did spend a whole day searching this forum, google to find a way out for this. No luck so far. I did an in country shift from psw to tier 1
I have read quite contradicting , misleading info.
Have any of you come across such a situation? Pllll help... I can't imagine applying for an extension just for two days

Exact dates:

Tier 1 initial - 19 may 2011 - 19 may 2013
Applied extn on 27 mar 2013
Tier 1 extn : 19 apr 2013 - 19 apr 2016

As you can see, I am falling short of 30 days.

[Tier 4]

Many many thanks go2khurram i am a lotttt relieved after reading your post!!!! i will sleep peacefully today after having lost a night's sleep yesterday I have understood that now. i think the bit i have highlighted below is the perfect answer for my confusion..

the continuous period will be counted backwards from the date of application. If however whilst awaiting decision, the applicant has reached or exceed the required 5 year period, the application would not fall for refusal as they would be considered to have met the requirement.


May I please ask you the email address that you wrote to to get this response? Great thanks once again!!

No worries mate, the purpose of this forum is to help each other by sharing the knowledge and information which is being fulfilled. I am on the same boat and understand your situation. I applied 3 months before my qualifying date with the hope that my turn will come at least 3 months, Lets see how things going...

BTW here is the email address u asked for : SettlementOpsPolicy@homeoffice.gsi.gov.uk

go2khurram
Please dont forget to update us of outcome of you application. thx

[kavya29]

Hello Patel,

I will be applying for ILR only in 2016. Wont be able to update until then, sorry

[kavya29]

Just an update on my case. I didn't want to risk my gap of few days. So, I applied for extension first and then varied my application to ILR. Got back extension application fee but yet to get NHS surcharge back.
Been six months and have just received interview request which is a separate problem on its own.

[shak47]

Just an update on my case. I didn't want to risk my gap of few days. So, I applied for extension first and then varied my application to ILR. Got back extension application fee but yet to get NHS surcharge back.
Been six months and have just received interview request which is a separate problem on its own.

Hi kavya29, I am in exactly similar situation as yours but going to apply for ILR in this April. Have you received your ILR ?

[kavya29]

No, I'm still waiting.

[seasky]

No, I'm still waiting.

I assume you applied for extension and then varied 28 days before 19 May 2016. So you are waiting now for a year?

[kavya29]

Hi Guys,
I wonder if you guys can help...

So, I've been terminated from my current job which I joined just 2 weeks ago on the grounds that they think there is a risk that I might not get my ILR. To give a bit of a background, I've applied for ILR on Apr 2016 as a Tier 1 General applicant and was called for an interview for ILR in Apr 2017 but I'm still awaiting decision.

They did do an Employer Checking Service before offering me the job and it was positive.
The boss kept asking if this is my initial application or an appeal. I made it clear that it's the initial application. Yesterday I asked if by any chance my visa falls through, will they be able to sponsor me. They became very wary and started asking me why I think I wouldn't get it. Long story short, they called me in later in the day and said they going to terminate my employment because they think there is a chance that I may not get ILR.
My question is : is this unfair dismissal? Can I complain to anybody? Will I stand a chance in the Employment Appeal Tribunal?
Thanks in advance for your answers.

[CR001]

Presumably you are in a probationary period so it all depends on what your termination clause says.

Companies get huge fines for employing migrants who don't have leave. They are likely only protecting themselves. Probably not the best idea to ask about Tier 2 sponsorship if your ILR fails after only joining two weeks ago.

[kavya29]

Yes but still they did receive a positive response from Employer checking service just 4 weeks ago for me.
I find it unfair to be sacked just for asking.

[CR001]

Nothing you can do about it to be honest, they are likely protecting themselves and see your situation as high risk.

[kavya29]

Hello guys,

I finally received my ILR today! Waited for 2 Years since applying for ILR.
All the best guys! all your advice has been valuable - thanks very much!

Kind regards,
Kavya

No, I'm still waiting.

I assume you applied for extension and then varied 28 days before 19 May 2016. So you are waiting now for a year?

[lanrezy]

Congratulation. Enjoy the moment

[kavya29]

Thank you