ILR due-kids abroad

Hubat · Post by **Hubat** » Wed Aug 17, 2005 3:45 pm

Hi all, thank u to all the goodwork you are doing. Such priceless information. I have searched the boards but didn't find an answer to this. Q1.I am due to apply for ILR in a few days time, have been cracking my head and researching thought I'd finally ask for help(rchd 4 years in July on wk permit)My 2 dependants(12,15yrs have dependants work permit visa) recently (6months ago)joined a boarding school abroad. I spoke to the Inland Revenue regarding their Child tax credit cancellation and they said there was no need as we take care of them as residents. So basically they still are residents. They have lived here for the last 3 years(joined me later).Not sure how to approach it with the ILR. Please help? Our intention is for them to come on main holidays..
Q2. Worked for the same borough but changed school once in the last 4 years. Had a previous workpermit for the first school(5yrs) and a current one 5yrs as well for new school.(4 years left on it). I did not change my visa as i had entry clearance of 5 years which is yet to expire. Was I supposed to apply for FLR on changing despite the visa I hold? It is confusing as first visa was based on first workpermit?help?

Thank you

olisun · Post by **olisun** » Wed Aug 17, 2005 3:55 pm

when you applied for the new wp your old wp ceased to exist

how come you didn't apply for FLR for the new visa?

didn't anybody guide you?

u need to sort this out as soon as possible... techincally you are illegal.....

Hubat · Post by **Hubat** » Wed Aug 17, 2005 4:03 pm

I am shocked! I didn't apply as my visa is for 5 years. ends 2006. I did read about FLR and was given a document wtih FLR area highlighted, checked the website about it and remember reading somethng about up to 6 months if visa is about to expire!?!!?but nothing was clear regarding if there was a change. How do I sort it? I already have an appointment! Can I explain it then?

olisun · Post by **olisun** » Wed Aug 17, 2005 4:04 pm

how are you going to explain that since I assume u didn't apply for the WP yourself and also this is not your first wp..

u may have to consult a solicitor .. others can comment on this

btw how long have you been working on this new wp?

jazbaati99 · Post by **jazbaati99** » Wed Aug 17, 2005 4:12 pm

Hiya

If you are within six months of your second work permit, you should be able to apply FLR without a problem. If not then I think the best recourse is to consult a good immigration solicitor. Please double check but if you don't apply for FLR within six months your work permit may also cease to exsist.

olisun · Post by **olisun** » Wed Aug 17, 2005 4:16 pm

and a current one 5yrs as well for new school.(4 years left on it). <== looks like it's been a year since you got your new wp?

Hubat · Post by **Hubat** » Wed Aug 17, 2005 4:34 pm

Yes I have been on my wp for 1 year. I have just spoken to a Solicitor and I have an appointment first thing in the morning! The strangest thing is both me and my husband have been able to travel on my current visa since my new work permit and was asked at port of entry my current employer which I stated without a problem. Shouldn't they have stopped me then? Well Solicitor seems to think it they would claim they made a mistake. Really worried, hope it all works out somehow.

olisun · Post by **olisun** » Wed Aug 17, 2005 4:37 pm

true

before you go to the solicitor, call up the immigration helpline and explain them your situation...

no need to give your full details and see what they have to say

jazbaati99 · Post by **jazbaati99** » Wed Aug 17, 2005 4:59 pm

Hubat

The name of the employer is not written on the visa, so when the IO asked you the name of your employer, he / she had no way to varify. IO would be more interested to check if your visa is valid.

On a side note, it is an honest mistake and I am hopeful everything will be resolved quickly.

Best of luck

Hubat · Post by **Hubat** » Wed Aug 17, 2005 5:38 pm

thank you for your wishes. Immigration helpline is now close. So will try in the morning prior to my consultation. A lot was happening in my life then (I had just had a baby in Feb '04 and was coming out of maternity leave in August when my paper work came through to me. I had terrible treatment from my former employer who was a new headteacher thus changing of jobs.) I have a very young family, and a very good job now it would be a shame if they didn't consider my mistake. Will update you all. Thanks again
*-

Hubat · Post by **Hubat** » Wed Aug 17, 2005 5:50 pm

I remember reading this...from the workinginthuk website. Have copied it.

"However, an interim arrangement is currently in place whereby existing work permit holders can start a new job on the strength of the work permit permission letter, providing their existing leave to remain covers all or part of the period of the new employment;
In these cases individuals will then have to submit a further leave to remain application before their existing leave expires, or within 6 months, whichever is the sooner."

olisun · Post by **olisun** » Wed Aug 17, 2005 7:23 pm

In these cases individuals will then have to submit a further leave to remain application before their existing leave expires, or within 6 months, whichever is the sooner."

Kayalami · Post by **Kayalami** » Thu Aug 18, 2005 4:46 pm

hubat,

What month and year was the 2nd WP issued?

Hubat · Post by **Hubat** » Sat Aug 20, 2005 3:13 pm

Saw Solicitor and thought everything seemed in order. Possibility was should have applied for FLR(2nd WP August 2004)This never cropped up at the PEO as had all my relevant employers letter, bank statements and pay slips. Quite smooth.Went ahead with my application and got ILR.!! Phew (gods were on my side)!!!

olisun · Post by **olisun** » Sun Aug 21, 2005 7:48 pm

congrats...

btw I quite didn't get your post?

did the solicitor advice you to do anything or did the case worker didn't bother to check your details?

Hubat · Post by **Hubat** » Tue Aug 23, 2005 12:20 pm

Very interesting question, but as I went through my paper work and forms there isn't any place that specifies about previous employer, or wk permit or any changes.I assume everything should have shown on their system about the visa and any changes both on port of entries, and at the PEO. The case worker was thorough with everything that I presented; Solicitor advised me to go ahead as it was an honest mistake and if they picked it up in their system. I would explain accordingly..I am just glad it went well as I never intended to do other wise. though it raises a question as to how much information they hold on their system and how much is updated? ???If i never raised the question out of worry that everything is in order I would have never known!!!!!

Kayalami · Post by **Kayalami** » Wed Aug 24, 2005 2:54 pm

Technically your first WP based leave to remain visa run out when you left the job. You should have applied for a fresh visa based on the 2nd WP. IMHO caseworker exercised discretion and granted ILR. Presuming your children were not in the UK and thus not included in your ILR application then do you realise their WP dependent visas are technically invalid? They need to re-enter the UK on visitor visas or you can sponsor them to return as children of a settled person. They need to apply for this prior to UK entry - a visa annotated Indefinite Leave To Enter will be issued. They may not switch status in country. You will have to shell out a fee for the ILE visas. This needs to be done before they are 18 or they will age out.

Hubat · Post by **Hubat** » Wed Aug 24, 2005 6:03 pm

Thank you, I agree it must have bn at the IHMO's discretion. I was advised the same by the solicitor regarding the children. We intend to do so before they are 18. Getting further advice on their visits during long holidays. Thanks for all your help.

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ILR due-kids abroad

ILR due-kids abroad