Archive » United Kingdom » A Question Of ILR
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| buddy008 Junior Member Member # 7175 | Posted September 22, 2003 10:07 PM I would like to know whether I currently qualify for an indefinite leave to remain, my situation is as follows: 4 Yrs Student Visa(BSc + Msc) + 2 Yrs TWES Work Permit + 2 Yrs & 10 Months Work Permit I suppose If there is a way to make the TWES years count as Normal Work Permit duration then I have already qualified for ILR, however is this possible? I would appreciate your help... |
| Kayalami Member Member # 5984 | Posted September 23, 2003 11:08 AM I have seen posters on the board state that they had time on TWES amalgamated with that on a standard WP to get ILR after 4 yrs consecutive stay in the two categories. However the Immigration Rules clearly state that time on TWES does not count towards the grant of ILR. This leads me to believe that the consideration of TWES in granting ILR was either a concession outside the rules or a mistake by an inexperienced immigration officer. I am however aware of cases where TWES status has been considered because it has been given in error by the Home Office whereas a standard WP should have been issued - effectively the HO are admitting an error on their part and counting the TWES time as that on a standard WP. In any case I would recommend seeking competent legal advice on this as it is clearly not a straightforward matter. To ensure competent advice you should make sure the person/ institution is registered with the Office of The Immigration Services Commissioner or is exempted from the need for such.
Good Luck -------------------- ---audi alteram partem--- |
| Annonymous Member Member # 526 | Posted September 23, 2003 09:28 PM But how do you prove that the TWES was made in error? |
| buddy008 Junior Member Member # 7175 | Posted September 23, 2003 09:40 PM Thank you for the reply. Regarding your reply; If I was to apply for ILR now and got refused, would it have a negative influence when I applied again after the 10yr period is over, I am especially worried about the decision process taking longer than normal (whatever normal is!!) after a refusal. |
| Kayalami Member Member # 5984 | Posted September 24, 2003 09:46 AM Anonymous, You must submit all the documentation pertaining to the initial application including the job description, remunaration details, advertising and of course the application forms. You would then have to compare this with the immigration rules pertaining to the TWES scheme at the time of application and clearly explain how the Home Office mismatched them. In many cases the Home Office issues what is requested i.e. many employers make a mistake and ask for a TWES instead of a WP - the HO is not there to correct these mistakes so in such an example you would have to live with the employers error. -------------------- ---audi alteram partem--- |
| buddy008 Junior Member Member # 7175 | Posted September 24, 2003 07:46 PM There was no misunderstanding in the processing of my TWES application. Because my employer applied for a TWES Permit. So I cannot provide any proof of advertising for the two year TWES period. I suppose that will reduce the chances of an ILR application before the 10yr period is over. |
| Annonymous Member Member # 526 | Posted September 24, 2003 09:32 PM Many people here have got ILR with TWES+WP without proving that it was a mistake on either side.So assuming it will not be accepted is extreme pessimism.In fact I have not heard anyone who has been rejected on TWES+WP if there wasn't something else complicating their case. |
| Thorsten von Thyssen Member Member # 4397 | Posted October 23, 2003 04:11 PM There is nothing to lose but £250 / £155. -------------------- ----------------------------------- |
| surreal Member Member # 7109 | Posted October 24, 2003 07:37 PM I read somewhere that maximum period a workpermit can be obtained or extended for is five years. After that you need to go back and apply for new workpermit (unless ofcourse one get ILR). Is this true ? I have completed four years and my workpermit is still valid for two years (I had three extensions to the original two year WP). Is this normal and in acccordance to the immigration rules. Or I must go back after completing 5 years and obtain separate WP. |
| gn Member Member # 7170 | Posted October 24, 2003 07:42 PM No its wrong there are 10s and 100s of perople that I know have been working here for 7 - 8 years with extensions year after year. They haven't gone for ILR as their companies don't sponsor the ILR. Normally South East Asians who are not sure where the future lies - in the Western world where jobs are becoming hard to come by OR in their native countries where there joy of opportunities. |
| Cosmopol Member Member # 7165 | Posted October 25, 2003 04:43 AM AS far as I know, companies don't sponsor ILR -- applicants who spent 4 years or more in a status leading to settlement (of which WP is one), are entitles under British law to apply for ILR regardless of their companies' status or will.. |
| gn Member Member # 7170 | Posted October 25, 2003 09:47 AM No I think you need a letter from employer - which is not sponsoring exactly - stating your employment with them is continuing with them in the UK. And specially companies from South East Asia who bring people on within company transfer basis don't give this letter. they fear that employees would leave them as they would be free to get into any employment easily. |
| surreal Member Member # 7109 | Posted October 26, 2003 01:31 PM Any other views on the question whether one needs to go back after 5 years as is the caes with H1B after 6 years...please. |
| Kayalami Member Member # 5984 | Posted October 27, 2003 10:21 AM There is no maximum time one can be on WP status but the maximum validity of a WP is 5 years. Thereafter one would have to get a new WP. However after 4 years consecutively on a WP you can apply for Indefinite Leave To Remain in the UK. You require the co-operation of your employer as the Home Office requires a letter from them confirming they will continue to employ you. -------------------- ---audi alteram partem--- |
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