Immigrationboards.com

[petkanov]

It took me about a month for mine

[Gina_C]

Well I sent all the papers off on Feb 21st and haven't had nothing yet but I need them back soon to get my passport sorted before we go on holiday.
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[nickg]

[Gina_C]

Thank You! I did just that and the wait wasn't too bad actually (must have caught them at a good time) They said it's taking about 8 weeks so hopefully we should have everything back in the next week or so. Thanks for you responses....
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[fret]

Hello!
I have a very unclear matter to ask you about. I am a Romanian citizen and I applied under HSMP in June 2006. Now I need to apply for extension of that in order to be able to continue working, and I am not clear about my options, the same were the people I asked at HSMP.gov. Firstly, they told me I should apply now for a blue certificate, under BR1 form and that will give me indefinite leave to remain (???) I explained that I heard about the fact that if I use BR1 and get a blue certificate I will lose my previous years worked in the UK under a work permit, regarding an aplication for permanent residence in 5 years. I forgot to say that I am in the UK since 2004, first 2 years with work permit, since 2006 with HSMP. So, they told me they don't know exactly about "losing" the previous years worked here, as counted years for the 5 necessary when applying for permanent residence. Now, they also told me I can apply for extension under the BR2 form, which is a continuation of HSMP for Bulgarians and Romanians.
My question would be: application under which form (BR1 or BR2) will definitely give me the possibility that in 1 year from now (as I already have 4 years worked in the UK, 2 as work permit holder and 2+1 from now on as HSMP/BR2) to apply for permanent residence in the UK? Could you maybe give me more "light" into this matter? Is it true what I heard from different sources that if I now apply for a blue certificate (BR1), I will lose the previous 4 years worked in case I apply later for permanent residence?
Sorry for giving maybe a bit too many details or being repetitive, but I wanted to be clear in my question. I would really appreciate any good information and/or explanations related to this problem.
Thank you very much in advance!!!

[Gina_C]

I have also heard that you would lose the previous years so it may just be worth you applying for the extension as you only have 12 months left before you qualify for residency. If you want to get some assistance from a more impartial source, it may be worth visiting your Citizens Advice Bureau as when we contacted the home office and the jobcentre about entitlement etc, none of them were very clear and even the advice given that did make sense contradicted the advice give by the other agency.
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[intgral]

[vinny]

See here.
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[intgral]

Vinny,

Following a link you previously posted on a decision by the Asylum and Immigration Tribunal, a continuous legality and employment in the UK is sufficient and exhaustive information to provide approval grounds for the ILR. Link here.

I would like to know if anyone see it differently after reading the case.

Thank you.

[rodna06]

Hello,

I have applied for ILR in july 2007 when my leave to remain expired after 4 and a half years in UK. The HO send me back all the documents and said that I should apply in July 2008 when after 5 years in UK. I have applied and got a refusal on the grounds of my share profits not beeing able to support my dependant( my husband who is working full time and is able to support himself) and another reason beeing that I did not apply for ILR at the end of my leave to remain period- which I did. On the refusal letter it says that there is no right of appeal against this decision, but I can continue to work as before and stay in this country.

Can anyone advise me what to do next? Can I appeal against the decision and apply for ILR again? Should I apply for a work permit? I really do not know what to do.

Thank you for your responses!

[intgral]

File a new application.
Take a look at the BR2 and see if the 12 month employment rule applies to you.
Ensure that you respect all the points in the app.

Good luck.

[neon23]

HI,

I am from Bulgaria, and have been issued a yellow student registration certificate. Now, I have graduated and will apply for a blue one. On the form BR2, they ask for a Home Office reference number. I clearly have such, but where can I find it on my yellow registration certificate. I do not keep the one page letter they have sent me along with the student certificate.

Thanks.

[matt]

HI, i feel im in the right area here with this question and i hope somebody can shed some light on this for me.
My Girlfriend is Bulgarian and came to the UK to live with me about 7 months ago, after the long hard drawn battle to gain her employment we eventually realised it basically impossible for bulgairans/romanians to gain employment unless its a highly skilled job. (after all the BR1 forms and everything) so....
shes returned to BG for a couple of months, but because our relationship is strong and we want to be together i want to know how easy is the process if i marry her in a registry office in order for her to gain uk citizenship and then obtain a NI number and the right to work in the UK, i think this is the only possibility and im sure there or other people out there thats gone through the same as we have with no advice or help!
Matt

[petkanov]

Actually its not as hard as it seems.

1st, she doesn't need British citizenship to have National Insurance Number.

If you marry her, she needs to fill form BR1, its free and in a few weeks she will receive blue registration certificate that will give her unlimited right work in the UK.

The other way, is to enroll in an NVQ course, apply for an yellow registration student certificate again on form BR1 (its free). That will give her the right to work 20 hours a week. After 1 year, submit payslips with BR1 and will get blue registration certificate with unlimited right to work in the UK.

The other way, is to work as a freelancer, no restrictions there.

She can even move to the UK and just live here without doing any of the above if she doesn't want to work.

[matt]

Thanks for the reply Petkanov.
so you said she doesnt need british citizenship to get a NI number, so how is it possible to get a worker assesion card & NI number without marriage or a student visa?... (highly skilled or food production jobs?)
so basically she just needs a blue registration certificate and that will give her the right to work in the uk, and to get that certificate we need to get married? will she need any documents from BG? Ive also been told after we marry we need to go to the dept of justice to get 'stamp 4' form?

[petkanov]

I will tell you how a friend of mine got it. Basically, register as a self employed at HMRC. Call the NI hotline and schedule an appointment for a National Insurance number. Go to the interview. Usually, you need to bring a few invoices, lets say she is self employed cleaner. She needs to write a few invoices from houses she has cleaned. If she goes that route, she doesn't need anything from the home office at all.

I think worker accession card is the harder way to go. The easiest is submit marriage certificate with BR1, and she is set. The other way is as I said as a student, she gets 20 hours a week, and after a year will get blue certificate with unlimited right to work. I have never heard about any stamps, but you need to check at the registrar office what you need to both submit to marry. You marry and that will do. Keep in mind that she has the right to just move here without getting any certificates or documents from immigration, but then she can only be self employed. So to summarize, the easiest route for unlimited right to work here is:
1. Marry her.

If not,

enroll to study.

After she has lived in the UK for 5 years, she automatically becomes permanent resident without even applying for it. One more year after that, she can apply for British Citizenship, eventhough that would be pointless because as an EU citizen she can live here anyway.

[Romanian_HSMP]

I’m a Romanian passport holder and I came in UK at the end of Aug 2005 with HSMP visa.

After one year - August 2006 – I applied for the visa extension (FLR) which is valid until Aug 2010.

Meantime in Jan 2007 Romania joined EU and EEA (some restriction still apply to Bulgarian and Romanian citizens).

Apr 2009 HSMP ILR Judicial Review which will allow me to apply for ILR after 4 years (Aug 2009).


When the HSMP visa was issued in 2005 or the FLR in 2006 I was not charged by the HO due to the fact that Romania was part of some European agreement (I think was “Council of Europe Social Charter (CESC)” but I’m not sure).

Do you think HO will charge me in August 2009 when I will apply for the ILR?

For the ILR application I have to send my passport to the HO. Do you think it is wise to travel in August before the HO will send me the passport back? (I can travel in EU with my Romanian ID card).

Thank you

[matt]

Hello again,

Im looking at the uk border agency website with information on the different forms for Bulgarians working in the uk.

So after we get married, I just have to complete the BR1 form, ( section 6 mainly) but it doesnt say you have to send the marriage certificate, just write what dates you got married etc.
I just want to know, after i send this form off, what will we recieve? will it be a cerificate to say she can now legally work anywhere in the uk with no restrictions? and will i have to wait for that certificate untill i can arrange an appointment for a National Insurance number.
Any idea how long all this process usually takes?
I need to reasure my partner becuase shes really afraid to come back again to the same crisis we had before.
Thanks

[ms100]

Hi, I'm wondering if you could help with some advice. I was offered a job by a UK company, but the actual work will take place in another country right from the start. So I will not have residence and not actually work in the UK. Would I need a UK permit to make it legal?

[NiyaVatkova]

It all depends on the specifics of your job, if it is a British company but the job is based abroad, the contract states that they employ you to work in another country for their company you do not need to have a permit to work in the UK as you are in fact not working there. However, if the contract stipulates that they are employing you in the UK but sending you abroad on a job you do need a work permit.
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