ILR application during Redundancy Notice Period

I am going into a situation where my employer is planning to redundent me (including some other employees) in start of next year. I will be completing 4 years on WP by 12th April 2005.

My question is if they give me three month notice period in Jan 2005 then in theory I will be with them till end March or early April. Can I apply for ILR application on 12th March '05 on the basis of 3 years and 11 months criteria, although I will have got Redundancy Notice Period.

Is any one has same kind of experience?


Regards,

Gmmi

Besides the time factor, they are also looking for a letter from current employer, confirming that they intend to keep your employed. That's where you may have problems. Just in case, why don't you start looking for a new company to go with.

Tricky situation.Even my suggession will be to look for another job or switch to HSMP if u get the points.If you switch to HSMP u will defnitely get ILR .

Thanks Cosmol and ND. I will be trying to find a job into another company. Don't know what is the market like now-a-days for Work-Permit holders?

I am also on WP.Just returned back from holidays now i am preparing my application.If you qualify go and apply for HSMP.

Job market is not bad at the moment.But for WP they may say we dont have permission to work.So its better to move to HSMP.And them start searching.

If you have exp in UK I heard that it will be a + point for u.

Hi ND,

I don't qualify 65 points. But If I get HSMP refusal would it make any impact on my future WP or ILR applications.

If you dont qualify then there is no point in applying.So dont.Because 100% the application will be rejected.

I dont think any rejection will cause problems to your present status if it is valid and if you are still working for same employer.

ND wrote:If you switch to HSMP u will defnitely get ILR .

Why would HSMP situation would be fundamentally different from the one with work permit? Redundancy period means that you were effectively given notice, however if at the time of application you STILL there, then I can't see why this should be illegitimate in any way - you are still legally employed and it should be possible to obtain the letter to that effect that at the time of writing that letter you WERE employed.

No one got a guarantee of a job, so even if you were not made redundant at the time of application it does not mean you won't be laid off next day. So in my view whatever happens AFTER ILR application is irrelevant.

Cosmopol wrote:

Cosmopol wrote:they are also looking for a letter from current employer, confirming that they intend to keep your employed. That's where you may have problems. Just in case, why don't you start looking for a new company to go with.

Form SET (ILR) states the following in guidance section 7B: "If you are applying as a work permit holder, document(s) from your employer confirming that your employment with them is continuing." In my view "continuing" in this case does mean employer should state you current status, which if employed is indeed "continuing" in regards to original date of workpermit.

IMHO statement of you still being employed is the the same as intention to keep you employed.

Ok, lets assume I am wrong, then what about people on HSMP who do not have to show letter from current employer in the first place?

I guess, that's why HSMP is better than WP - gives broader options.

Cosmopol wrote:I guess, that's why HSMP is better than WP - gives broader options.

I agree, but I am still curious whether being in work permit employment at the time of application for ILR is sufficient. I think it is since all that should matter is the fact that the person actually did work 4 years and even if person was given notice that will expire AFTER ILR application it should not be used as excuse to deny application.

Oh well, since I am on HSMP it was an academical question for me.

I wish Atw is right! I don't see any problem getting a employer letter. My only concern is that Does HO contact employer to confirm continuation of employment?

Gmmi wrote:I wish Atw is right! I don't see any problem getting a employer letter. My only concern is that Does HO contact employer to confirm continuation of employment?

Employment is continueing if that guy is employed for just one day after application date. There is no legal requirement to keep employing guy for X months, and in theory notice can be given next day after ILR, even by the person in question.

Its a grey area and I think scales can be tipped in favour of applicant (for a change!)

So I'd suggest to obtain letter from employer stating that you are CURRENTLY employed. Add payslips and all other necessary stuff and I think there is a good and legitimate chance to get ILR.

Gmmi

If I put myself in your case, I would do the following steps to minimize any impact on your ILR application.

1. Talk to the employer, make the employer aware of your PR or ILR situation.

2. If your 3 years 11 month period fall shortly after the last day of your redundancy period, Request the employer for an unpaid leave till your PR date gets covered, so that you are still 'technically' continuing employment by all means. This will enable the employer to issue a letter stating that you are continuing with them as a full time employee.

(assuming you are keeping a good relationship with your employer always !)

btw, I got my ILR last month here are the docs they asked for on 1 day service at Croydon office :

1. Employer letter - This is very important, I dont think then will even let you in to the councilling area without this.
2. P60 (tax returns ) - all 4 years
3. Work permit document - in the name of the employer that you are working now.

They did not ask for bank statements/mortgage/rental agreement or any other papers/documents even though I had kept them all. From what I understand, once they are convinced that you were a genuine employee for the past 4 years, I think the case is then simple and straight forward.

Now they are issuing US style visa photo imprinted visa for ILR. So you will have to wait an extra 3 hours to get the passport back if you are using the same day service at IND offices.

Hope this helps

Vin

vin123 thanks for useful tips and Congratulation of ILR status, now you are a happy person

Could you tell me what was the format/text of your employer letter, It would help many peoples on this board. Thanks!

format/text of your employer letter

Hi Gmmi

Mine was like this :
On a company letter head, with name, corp head office address, and other details

<date>

To

Immigration officer,
Immigration and Nationality Directorate,
Croydon,
London.

OR

Whomever it may concern (this will also do I suppose ! )


This is to certify that Mr/Ms abc xyx is employed as **designation** by <company name> from **dd/mm/yyyy**. He is continuing employment in full capacity with us on his workpermit no: abcd/1234567 issued by Workpermits-UK on a letter to us dated on dd/mm/yyyy.
Mr xyz has an annual of salary of £0.0 per annum.

If you have any queries regarding xyz kindly get back to me.

Sincerely,

<signed by >
Ms Sweet Smile & short skirted HR lady

< designation>

I think you don't have to tell your employer that you are applying for ILR.
Basically we all have paid huge tax to Chancellor Gorden Browns treasury in the past 4 years -If we can show them - then we should all have legal rights to stay !. Same like you, I was also made redundant in 2002 -luckily I found my current employer to employ me and transfer my permit during my redudancy notice period. Another colleague of mine found a job only after a gap of 2 months after redundancy. He also got his ILR this month. So I think short gaps does not really matter ? (not sure tho' !)

So if you dont want your employer to know that you are applying for a workpermit then as someone mentioned here already, best is to ask a letter addressed to whomever it may concern, saying that its for a mortgage lender to approve a mortgage application.

Hope this helps !

Vin123

Gmmi wrote:I am going into a situation where my employer is planning to redundent me (including some other employees) in start of next year. I will be completing 4 years on WP by 12th April 2005.

My question is if they give me three month notice period in Jan 2005 then in theory I will be with them till end March or early April. Can I apply for ILR application on 12th March '05 on the basis of 3 years and 11 months criteria, although I will have got Redundancy Notice Period.

Is any one has same kind of experience?


Regards,

Gmmi

Hi Gmmi,

I dugged out your old post because I am in a similar case as you described here - wish to apply for ILR with a redundancy notice.

So I wonder whether your situation has changed or is still the same and whether you have applied your ILR. I read your 3 year 11 month ends on the 12th of March so you must be preparing for it now. Can you kindly let me know how it is going?

Good luck to your ILR anyway and I wish you'll get it successfully.

Rhian

Hi,

Thanks for the wishes. My situation has been changed. I am in permanent employment again.