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Is this an issue for ILR?

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visitkans
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Posts: 30
Joined: Fri Apr 24, 2009 2:04 pm

Is this an issue for ILR?

Post by visitkans » Wed Apr 14, 2010 1:14 pm

Posting on behalf of my friend who asked me this question,

His ILR is due in September this year, he entered UK on WP through an Indian comp, after approx 9 months, he got another job in the UK, so he went to India to resign and his new employer said they will transfer the old WP, but as the process was getting delayed, the new employer consulted their lawyers and said that he could enter UK on the old permit and once in UK he can change to the new WP, so he did that and got a new WP from the employer, after 1.5 years he applied HSMP and he is now on Tier 1.

Company 1: some date to September (say 5th) - WP valid 2 yrs
Entered UK around October 1st week on old WP - Old WP still has leave.

Got new WP from October for 2 years.
But there is no break in payslips.

I told him not to panic, do you guys foresee any issues in his ILR process?

If you need any more info, can get it..

shs213
Member
Posts: 225
Joined: Tue Apr 28, 2009 9:19 pm

Re: Is this an issue for ILR?

Post by shs213 » Wed Apr 14, 2010 3:13 pm

visitkans wrote:Posting on behalf of my friend who asked me this question,

His ILR is due in September this year, he entered UK on WP through an Indian comp, after approx 9 months, he got another job in the UK, so he went to India to resign and his new employer said they will transfer the old WP, but as the process was getting delayed, the new employer consulted their lawyers and said that he could enter UK on the old permit and once in UK he can change to the new WP, so he did that and got a new WP from the employer, after 1.5 years he applied HSMP and he is now on Tier 1.

Company 1: some date to September (say 5th) - WP valid 2 yrs
Entered UK around October 1st week on old WP - Old WP still has leave.

Got new WP from October for 2 years.
But there is no break in payslips.

I told him not to panic, do you guys foresee any issues in his ILR process?

If you need any more info, can get it..
your post is not very clear...

Are you saying he worked for company X when his WP was in company Y for two years?

it would be easy if you put down in bullet format with dates and visa type...

I think he'll slip through the case worker radar as long as he's got P60 and economically actuve etc... Also, he's currently in T1...

visitkans
Newbie
Posts: 30
Joined: Fri Apr 24, 2009 2:04 pm

Re: Is this an issue for ILR?

Post by visitkans » Wed Apr 14, 2010 7:43 pm

shs213 wrote:
visitkans wrote:Posting on behalf of my friend who asked me this question,

His ILR is due in September this year, he entered UK on WP through an Indian comp, after approx 9 months, he got another job in the UK, so he went to India to resign and his new employer said they will transfer the old WP, but as the process was getting delayed, the new employer consulted their lawyers and said that he could enter UK on the old permit and once in UK he can change to the new WP, so he did that and got a new WP from the employer, after 1.5 years he applied HSMP and he is now on Tier 1.

Company 1: some date to September (say 5th) - WP valid 2 yrs
Entered UK around October 1st week on old WP - Old WP still has leave.

Got new WP from October for 2 years.
But there is no break in payslips.

I told him not to panic, do you guys foresee any issues in his ILR process?

If you need any more info, can get it..
your post is not very clear...

Are you saying he worked for company X when his WP was in company Y for two years?

it would be easy if you put down in bullet format with dates and visa type...

I think he'll slip through the case worker radar as long as he's got P60 and economically actuve etc... Also, he's currently in T1...
Sorry about not being clear, tried to put it in as he told me:)

Ok here it is.

Company 1 - WP (Sep 2006 to sep 2008)
here is the clarification required, resigned company in September 2007, came to uk on old WP itself after resigning company 1 as per new company advice, new company applied WP in October 2007.
Company 2 - WP (Oct 2007 to Oct 2009)
HSMP (Dec 2007 - dec 2009)
T1 ( dec 2009 to dec 2012)

So work is for the company that corresponds to the WP only.

dimsav
Member
Posts: 210
Joined: Mon Apr 12, 2010 11:52 am

Post by dimsav » Wed Apr 14, 2010 8:08 pm

It is important to know exact dates when he resigned from Company 1 and started with company 2:
- If this period is less than 28 days, then the "5 years clock" starts from Sep 2006, so ILR in Sep 2011 (which wont already exist by the that date);
- If this period is more than 28 days, than continuous employment is broken, hence, the clock starts from the beginning of his work in Company 2.

shs213
Member
Posts: 225
Joined: Tue Apr 28, 2009 9:19 pm

Post by shs213 » Thu Apr 15, 2010 9:49 am

dimsav wrote:It is important to know exact dates when he resigned from Company 1 and started with company 2:
- If this period is less than 28 days, then the "5 years clock" starts from Sep 2006, so ILR in Sep 2011 (which wont already exist by the that date);
- If this period is more than 28 days, than continuous employment is broken, hence, the clock starts from the beginning of his work in Company 2.
Things going your way, he's been in cont employment through out his 5YP starting from 06... If the HO asks for P60, he should be able to provide them and also they will tie back with the company issued the WP...

P60 for 31/03/07 - from company #1
P60 for 31/03/08 - from co #2 and at the time he had a WP from them...

The next three years - no issues I assume...

The only thing you need to check is the 28 day rule - I personally don't know anything about this...

But reading from this forum, HO tend to check P45/60/payslips etc to validate the change in jobs... As long as he's got them to support continues emplyment I think he'd be OK...

he only had a timing issue on transfering his WP.... If your lucky, this might go unnoticed :-)

Deep4ILR
Junior Member
Posts: 78
Joined: Mon Jan 25, 2010 10:50 am

Post by Deep4ILR » Thu Apr 15, 2010 10:30 am

@visitkans,

I think your friend is in the breach of immigration rule. If your employment with the company ends that invalidates your work permit and visas attached to it. You cannot travel to UK on that visa. Reason homeoffice did not notice your re-entry coz your employer did not notify homeoffice. But your 2nd work permit was issued much after you left the employment of the first(when you show continuity).
to me it could be serious problem.

Wait for others to confirm..

Deep..

visitkans
Newbie
Posts: 30
Joined: Fri Apr 24, 2009 2:04 pm

Post by visitkans » Thu Apr 15, 2010 1:23 pm

Thanks all for the info, am not sure if he is against the rules.... he did travel based on the confirmation he got from the lawyers, so anyways he cant prove it now if something goes pear shaped.

he has all P60s and last 4 years payslips, previous company payslips were all online.

During the ILR process they check the last 3 months slips and all P60s.. so not sure how this might come up.

Date on Resignation letter : 5th September.
Date on offer letter : signed on 3rd September, and joining date as 15th September.
Got new WP dated 13th October.

May be the only issue was he went offshore to submit resignation instead of submitting it here.

shs213
Member
Posts: 225
Joined: Tue Apr 28, 2009 9:19 pm

Post by shs213 » Thu Apr 15, 2010 1:39 pm

visitkans wrote:
During the ILR process they check the last 3 months slips and all P60s.. so not sure how this might come up.
This is what I too think - he might get away with this.....
visitkans wrote:
May be the only issue was he went offshore to submit resignation instead of submitting it here.


Don't say why he went off shore :d

As long as his out of the country days total is under 180 days - he'll be ok...

visitkans
Newbie
Posts: 30
Joined: Fri Apr 24, 2009 2:04 pm

Post by visitkans » Thu Apr 15, 2010 2:14 pm

shs213 wrote:
visitkans wrote:
During the ILR process they check the last 3 months slips and all P60s.. so not sure how this might come up.
This is what I too think - he might get away with this.....
visitkans wrote:
May be the only issue was he went offshore to submit resignation instead of submitting it here.


Don't say why he went off shore :d

As long as his out of the country days total is under 180 days - he'll be ok...
haahaa true.....

Anyways mine is this June, so can give him more info on the process in croydon for him for September :)

thanks all again for the helpful hints and answers.

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