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Don't have employer letter while applying for ILR

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KP_UK_2005
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Don't have employer letter while applying for ILR

Post by KP_UK_2005 » Thu Feb 03, 2005 4:23 pm

Hello,
My earlier post on the same topic seems to have disappeared from the forum so posting this new one.

I am planning to apply for ILR in next couple of weeks. Following are my case details & concerns:

1> I have WP from June 2000 till March 2002 and then from Jan 2003 till date. I was in UK from June 2000 till Dec 2001 and then from Jan 2003 till date.
So there was a gap of 9 months in my WP. (from Apr 2002 till Dec 2002)
and I was out of UK for 12 months (from Jan 2002 till Dec 2002) for business needs to work in other countries as a part of my job. (and as mentioned above I did not have a UK WP for 9 out of these 12 months)

2> My second problem is my employer is not ready to give me employer letter. They say it's against the company policy. No employer letter for the absence of 12 months in the UK neither a letter saying "I will be continuing employment with them ...".

I have been working for the same employer since June 2000 even when I was outside UK. All my WPs are by the same employer.

My employer has recently applied for my WP extension (my current WP will expire in Apr 2005) for 1 year and in next few days I will get the approval letter from the Home Office.

Now my questions are :
1> Am I eligible for ILR if there was a gap of 9 months in my WPs ?

2> What are my chances of getting ILR if I was out of UK for about 12 months (with no supporting letter from my employer) ?

3> Can I use my latest WP extension letter (which I will be receiving from Home Office in a few days and the extension will be for 1 year) as a proof that my employer will continue employing me ?

4> If at all I get an appointment for ILR then what reason should I tell them about not having an employer letter ? The true reason is that my employer says it's against the company policy. Should I tell this ?


Sorry, I know my note is quite lengthy but please bear with me as I had to explain my case in detail.

Has anyone gone thru similar situation ? or anyone knowing answers to my questions, please share your experience/views. Any feedback/input/advice is highly appreciated and I would be very grateful. Thanks in advance !!

Best Regards,
KP_UK_2005

AlexCh
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Location: London
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Re: Don't have employer letter while applying for ILR

Post by AlexCh » Thu Feb 03, 2005 4:33 pm

If you had a break in your work permits (and possibly in your LTE/LTR stamps), they will see it in their computer records - so I do not think that you have any chance here.

Regarding the employer letter - it does not need to say "You will be continuing employment with them ...", it's just enough to confirm that you ARE employed with them at this moment.

I spent 10 months working here and after that I left for 7 months - I had to start counting my 4 years from the scratch again.

Joseph
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Location: London

Post by Joseph » Thu Feb 03, 2005 10:39 pm

I agree with Alex. You will probably have to wait until January 07. Besides showing in their computer records, you are required to report any absenses longer than 3 months.

My opinion is that if you want to get ILR, you should change employers. With only a 1 year extension on your WP it looks like they may do the same thing again--shipping you out and making you lose the time. Besides I think it is very bad for companies to refuse to issue such letters. It's a way many of them keep their employees captive.

Joseph

KP_UK_2005
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Joined: Thu Feb 03, 2005 4:20 pm

Post by KP_UK_2005 » Thu Feb 03, 2005 11:40 pm

Thanks AlexCh and Joseph for your quick responses. So if I read Joseph's message correctly, for ILR, the WPs from different employers would do as long as they are continuous for 4 years and I have minimal/no absenses in the UK for that period. Please confirm.

Kayalami
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Joined: Wed Oct 30, 2002 1:01 am

Post by Kayalami » Fri Feb 04, 2005 1:22 am

KP_UK_2005 wrote:Thanks AlexCh and Joseph for your quick responses. So if I read Joseph's message correctly, for ILR, the WPs from different employers would do as long as they are continuous for 4 years and I have minimal/no absenses in the UK for that period. Please confirm.
Correct.

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