Help needed for Ent to ILR (Set O)

Mak9878 · Post by **Mak9878** » Tue May 28, 2019 10:03 am

I have just found this on forum, copied and pasted here with relevant rules

I looked online to get some more information about this and I happened to find the following HO document. The document is about the general ground for refusal when considering leave to remain:

https://assets.publishing.service.gov.u ... 9.0EXT.PDF

In the document, on page 31 of 64, it says, and I quote

“When you consider whether an applicant can have further leave, you may take into account their previous immigration history. When your checks show that an applicant has broken the conditions of their stay, you should refuse further leave to remain under paragraph 322(3) unless leave to enter or remain in the UK has been granted in the knowledge of a previous breach.

Conditions of stay means the conditions endorsed on an applicant’s entry clearance or UK residence permit. For example:
• no recourse to public funds
• no recourse to public funds, no work or engaging in business
• no recourse to public funds, employment as a Minister of Religion, changes must be authorised by the Secretary of State
• restrictions on work or on place of work imposed on Tier 2 and 5 points-based system (PBS) migrants
• restrictions on work or place of study imposed on Tier 4 PBS migrants
• register with the police

When evidence shows that one or more of the above conditions has been broken, you must refuse further leave to remain under paragraph 322(3) as well as any refusal under the substantive rules unless discretion has previously been exercised to grant leave in the knowledge of and despite the breach concerned.”

__________________x____________x______________

I have broken one of the conditions attached to my visa but 1xtime during extension they have oversight breach.

What do you say about in light of above rule? Please suggest

Thanks

CULLINAN · Post by **CULLINAN** » Tue May 28, 2019 11:38 am

Mak9878 wrote: ↑
Tue May 28, 2019 9:50 am
Hi Marcnath, Zimba, Tier1147, Aman90 and all other members,

As you all know well that my ILR Set-O applicatikn is pending and will soon apply for Mrs PBS Dependent.

My current (last in payrol) leaving employment at the end of month. And I am not planning to hire any new employees for few months due to very high expenses and business is quite slow at the moment.

While all other business documents are fine.

I am planning to move my Registered Office Address (currently at home address in seperate dedicated room) because I may be leaving the renting property due to issue with landlord over fixing in end of contract in two months.

And Furthermore, our first baby is due in September/October and in case, if not moving, then have to covert office room for baby.

Is it good idea to change Registered Office Address while ILR application is pending into Virtual office for a while?

If i change Registered Office Addresss, Do I need to inform HO by writing or email asap?

I have seen T1 Extension Refusal with breach of condition of stay without interview 322(3) when they tallied record with hmrc (link http://www.immigrationboards.com/uk-tie ... 73-20.html) regarding working few days/months after grant of initial T1 Ent visa in payroll.

I have kind of similar situation working after grant of Initial for 1.5 months in payroll (including notice period) but luckily it was not caught up in extension, i belive.

But this time I am really upset to see above case and not hoping really good this time.

I am completing 10 years in March 2020 and now thinking about gaining time and praying that application goes pending for long.

Any suggestion please. Very upset to see above case.

Thanks

You can change your business address at any point in time depending on your business needs. Notify that to HO as soon you do it. I would recommend you write a cover letter mentioning your Case ID and send via recorded delivery.

The link you posted, OP worked over for 4/5 months so that was a clear breach of visa conditions.

However, I would assume HO might be lenient towards 1.5 months given the notice period. I know many people who were employed while on PSW and their initial Tier 1 visa took almost a year to process. One can legally work on section 3c without breaching visa conditions. I would assume there will be some leniency for notice period as one could just not walk out from the job the same day of approval letter/brp delivery in the above scenario.

Don't loose hope and stay positive.

But why did you work for 1.5 months over? Notice period is usually 1 month.

Mak9878 · Post by **Mak9878** » Tue May 28, 2019 12:09 pm

Thanks Tier1147 for your reply.

Basically I did not work intentially. I had already informed employer that i will leave job in May 2014 whether i get decision or not.

I applied same March 2014 and decision came end of same month in just 20 working days with approval letter.

As there were severe delays going on at that time in March-April 2014, I thought may be it is kind of mistake.

This assumption became more strong when BRP did not arrive for over 2 weeks. which put me in more thinking whether i give notice of job or not or it is mistake from HO to process so quickly. Then i had to chase up brp issuance department, and when received brp it had diffenent issue date (i.e. 20 days after visa approval letter).

Then I gave notice of 1 month. That was the story.

I spoke at that time to friends and solicitors about quiting job. They said 1-2 month continuing job does not matter, wait for your brp first.

marcnath · Post by **marcnath** » Tue May 28, 2019 1:00 pm

Mak9878 wrote: ↑
Tue May 28, 2019 12:09 pm
Thanks Tier1147 for your reply.

Basically I did not work intentially. I had already informed employer that i will leave job in May 2014 whether i get decision or not.

I applied same March 2014 and decision came end of same month in just 20 working days with approval letter.

As there were severe delays going on at that time in March-April 2014, I thought may be it is kind of mistake.

This assumption became more strong when BRP did not arrive for over 2 weeks. which put me in more thinking whether i give notice of job or not or it is mistake from HO to process so quickly. Then i had to chase up brp issuance department, and when received brp it had diffenent issue date (i.e. 20 days after visa approval letter).

Then I gave notice of 1 month. That was the story.

I spoke at that time to friends and solicitors about quiting job. They said 1-2 month continuing job does not matter, wait for your brp first.

It should not be a problem. While you have clearly violated the terms of your T1E visa, HO can exercise discretion and this is a case that deserves that discretion.

However, for others who may read this, there is no need to serve notice once you have changed you visa.

Your earlier visa is no longer valid once the new visa is issued and your employer has to terminate your employment once they are aware you no longer have a valid visa.

In this case, the employer could be found at fault by HO for continuing to have kept you on payroll.

CULLINAN · Post by **CULLINAN** » Tue May 28, 2019 1:03 pm

Mak9878 wrote: ↑
Tue May 28, 2019 12:09 pm
Thanks Tier1147 for your reply.

Basically I did not work intentially. I had already informed employer that i will leave job in May 2014 whether i get decision or not.

I applied same March 2014 and decision came end of same month in just 20 working days with approval letter.

As there were severe delays going on at that time in March-April 2014, I thought may be it is kind of mistake.

This assumption became more strong when BRP did not arrive for over 2 weeks. which put me in more thinking whether i give notice of job or not or it is mistake from HO to process so quickly. Then i had to chase up brp issuance department, and when received brp it had diffenent issue date (i.e. 20 days after visa approval letter).

Then I gave notice of 1 month. That was the story.

I spoke at that time to friends and solicitors about quiting job. They said 1-2 month continuing job does not matter, wait for your brp first.

I got my initial Tier 1 visa in 20 days and many did also at that time so you should not have assumed that it was a mistake when you had your approval letter, that is no excuse.

What is the date on your approval letter? What is the date on your BRP? Was your BRP issued on a later date?

CULLINAN · Post by **CULLINAN** » Tue May 28, 2019 1:06 pm

marcnath wrote: ↑
Tue May 28, 2019 1:00 pm

Mak9878 wrote: ↑
Tue May 28, 2019 12:09 pm
Thanks Tier1147 for your reply.

Basically I did not work intentially. I had already informed employer that i will leave job in May 2014 whether i get decision or not.

I applied same March 2014 and decision came end of same month in just 20 working days with approval letter.

As there were severe delays going on at that time in March-April 2014, I thought may be it is kind of mistake.

This assumption became more strong when BRP did not arrive for over 2 weeks. which put me in more thinking whether i give notice of job or not or it is mistake from HO to process so quickly. Then i had to chase up brp issuance department, and when received brp it had diffenent issue date (i.e. 20 days after visa approval letter).

Then I gave notice of 1 month. That was the story.

I spoke at that time to friends and solicitors about quiting job. They said 1-2 month continuing job does not matter, wait for your brp first.
It should not be a problem. While you have clearly violated the terms of your T1E visa, HO can exercise discretion and this is a case that deserves that discretion.

However, for others who may read this, there is no need to serve notice once you have changed you visa.

Your earlier visa is no longer valid once the new visa is issued and your employer has to terminate your employment once they are aware you no longer have a valid visa.

In this case, the employer could be found at fault by HO for continuing to have kept you on payroll.

Exactly. This is what happened with me. My employer was not aware of my PSW visa expiry. I myself told them about my Tier 1 initial approval letter and I urged them to terminate my employment right away. But still there might be an overlap of 3/4 days.

Mak9878 · Post by **Mak9878** » Tue May 28, 2019 1:25 pm

Same issue was with employer at my side.

But I could not tell him after approval letter to be frank as friends and solicitors have totally confused me that wait for BRP.
But that was fact, I was myself leaving job in May 2014 , employer was well aware about that since application submitted. But bit my mistake that i should have done it, as i was leaving job already.

Date of approval letter: 30 March
Date of BRP: 16 April
Received brp: around a week after 16 april

Lets wait and see, what happens.

CULLINAN · Post by **CULLINAN** » Tue May 28, 2019 3:16 pm

Mak9878 wrote: ↑
Tue May 28, 2019 1:25 pm
Same issue was with employer at my side.

But I could not tell him after approval letter to be frank as friends and solicitors have totally confused me that wait for BRP.
But that was fact, I was myself leaving job in May 2014 , employer was well aware about that since application submitted. But bit my mistake that i should have done it, as i was leaving job already.

Date of approval letter: 30 March
Date of BRP: 16 April
Received brp: around a week after 16 april

Lets wait and see, what happens.

As long as your BRP states 16th April, you are in a better position. Sometimes one does not get approval letter so you can just consider BRP date.

Had your BRP issue and approval date be same that of 30th March I think you had more problem.

As Marcnath also said, HO should use discretion in this case. Stay positive.

Mak9878 · Post by **Mak9878** » Sat Oct 05, 2019 1:33 pm

Hi Marcnath, Aman90, Zimba and Tier1147 (CULLINAN),

Hope you all are at best of your health.

It has been 6 months and 2 days over to my ILR application. And i have been continuously following timeline section for ILR Set-O everyday at indefinite-leave-to-remain/ilr-timeline ... 5-840.html

And I have observed that people have been getting decision just before 6 months or after just 6 months over.

As my visa expired 2 months after submitting application in start of april 2019 so could not check "prove your right to work to employer" further because it was keep resulting "BRP not valid".

I have been getting consideration email start of every month since April 2019 but I have not got any consideration email since start of october 2019.

Today Royal Mail postman tried to deliver post but i was sleeping and left card for collection from Post Office Depot. As far as i know that i have not ordered anything online that should come in post.

My question is that, does decision letter come in as signed for post or normal post?

Thanks for your time and considerations.

bizman · Post by **bizman** » Sat Oct 05, 2019 1:47 pm

It comes as signed for post. It’s likely to be your decision letter. Good luck

Mak9878 · Post by **Mak9878** » Sat Oct 05, 2019 1:52 pm

bizman wrote: ↑
Sat Oct 05, 2019 1:47 pm
It comes as signed for post. It’s likely to be your decision letter. Good luck

Thanks Bizman for your prompt reply. Lets see what it is on Monday.

10020132 · Post by **10020132** » Sat Oct 05, 2019 2:25 pm

I got an email from dhl saying my brp is on its way even before I got decision letter. So you can check your email. Though my decision letter came as normal delivery I think

CULLINAN · Post by **CULLINAN** » Sat Oct 05, 2019 8:31 pm

Mak9878 wrote: ↑
Sat Oct 05, 2019 1:33 pm
Hi Marcnath, Aman90, Zimba and Tier1147 (CULLINAN),

Hope you all are at best of your health.

It has been 6 months and 2 days over to my ILR application. And i have been continuously following timeline section for ILR Set-O everyday at indefinite-leave-to-remain/ilr-timeline ... 5-840.html

And I have observed that people have been getting decision just before 6 months or after just 6 months over.

As my visa expired 2 months after submitting application in start of april 2019 so could not check "prove your right to work to employer" further because it was keep resulting "BRP not valid".

I have been getting consideration email start of every month since April 2019 but I have not got any consideration email since start of october 2019.

Today Royal Mail postman tried to deliver post but i was sleeping and left card for collection from Post Office Depot. As far as i know that i have not ordered anything online that should come in post.

My question is that, does decision letter come in as signed for post or normal post?

Thanks for your time and considerations.

The post comes as signed for (at least mine came signed for).
Hopefully you will receive that on Monday.

Also, you can call DX and check if they have a BRP for you.
Good luck!

aman90 · Post by **aman90** » Sun Oct 06, 2019 1:35 am

Mak9878 wrote: ↑
Sat Oct 05, 2019 1:33 pm

At the time of my extension, the bundle was just thrown inside my gate as it couldn’t go through the post box. So not signed for.
For ILR I sent self addressed/special delivery. So if HO had started signed for delivery then it’s awesome.
You should have popped down to post office before closing and picked it up.

bizman · Post by **bizman** » Sun Oct 06, 2019 1:32 pm

It’s Royal Mail. It has to be next working day.

Mak9878 · Post by **Mak9878** » Mon Oct 07, 2019 9:19 am

bizman wrote: ↑
Sun Oct 06, 2019 1:32 pm
It’s Royal Mail. It has to be next working day.

Got visa approved.

Thanks to all seniors and juniors Moderators and other members especially Zimba, Marcnath, Cullinan(Tier1147), Cr001, Bizman and Aman90 for thier infinite help to get through all applications.

Best wishes all of them waiting for thier decision. May Allah swt make easier for them. Aameen

Thanks again.

shb101 · Post by **shb101** » Mon Oct 07, 2019 10:27 am

Mak9878 wrote: ↑
Mon Oct 07, 2019 9:19 am

bizman wrote: ↑
Sun Oct 06, 2019 1:32 pm
It’s Royal Mail. It has to be next working day.
Got visa approved.

Thanks to all seniors and juniors Moderators and other members especially Zimba, Marcnath, Cullinan(Tier1147), Cr001, Bizman and Aman90 for thier infinite help to get through all applications.

Best wishes all of them waiting for thier decision. May Allah swt make easier for them. Aameen

Thanks again.

Congratulations Brother

bizman · Post by **bizman** » Mon Oct 07, 2019 3:31 pm

Congratulations brother.

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