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ILR Query

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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dpre
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Joined: Mon Jan 11, 2010 7:53 pm

ILR Query

Post by dpre » Wed Jan 27, 2010 4:56 pm

"I am applying for ILR under 5 year work permit. I have worked for two employers in this period including where I work at present. My problem is the end date for Employer A is AFTER the start date of Employer B (I took some annual leave, got the FLR and joined before end date of my employment)

Employer A: FLR 13 Mar 05
Period Employer B: 31 Mar 05 - 18 Oct 06

Employer B: FLR 17 Sept 06
Period Employer B: 4 Sept 06 - Current

To be clear, I only joined Employer B after obtaining my second ILR under the second work permit. But for some reason my start date is not correct. Will this be an issue ? Obviously I could ask my employer to change the dates in their system but don’t wish to."

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

Post by Deep4ILR » Wed Jan 27, 2010 5:14 pm

Hi,
I think that should not be a problem as long as it is contiues employment with valid Visa in it..
They will not even bother looking at those details.

r u applying in Tier 2?? or total time in work permit ??
and what supporting documents you planning to give to prove your employment.. ??

Deep..

xyz123
Senior Member
Posts: 683
Joined: Mon Jan 25, 2010 1:58 pm

Post by xyz123 » Thu Jan 28, 2010 11:38 am

Technically Work permits are specific to employes. So you can only work under one employer under a work permit. If i were you i would ask first employer to change dates accordingly.

ChetanOjha
Moderator
Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London

Re: ILR Query

Post by ChetanOjha » Thu Jan 28, 2010 1:13 pm

dpre wrote:"I am applying for ILR under 5 year work permit. I have worked for two employers in this period including where I work at present. My problem is the end date for Employer A is AFTER the start date of Employer B (I took some annual leave, got the FLR and joined before end date of my employment)

Employer A: FLR 13 Mar 05
Period Employer B: 31 Mar 05 - 18 Oct 06

Employer B: FLR 17 Sept 06
Period Employer B: 4 Sept 06 - Current

To be clear, I only joined Employer B after obtaining my second ILR under the second work permit. But for some reason my start date is not correct. Will this be an issue ? Obviously I could ask my employer to change the dates in their system but don’t wish to."
Overlapping approval are fine.Obviously if you switch job from one employer to another your existing WP will be transferred or new WP will issued to you(which will overwrite older one).
I had similar WPs where WP of my previous employer expired in Jun06 whereas my new employer applied for me in April06.

You are fine. Save your worries to get appointments ;-)

dpre
Newly Registered
Posts: 19
Joined: Mon Jan 11, 2010 7:53 pm

Re: ILR Query

Post by dpre » Thu Jan 28, 2010 8:59 pm

Hi Chetan
Perhaps I used unclear language. I started working for my second employer BEFORE my FLR stamp!! Hence when I get a letter from my second employer, the start date is 4 Sept 06. But my FLR stampe is 13 Sept 06. Which means I started work without getting FLR stamp!!! THi s is a mistake in the company records but obviously it appears that I have broken FLR rules!!
chetanojha wrote:
dpre wrote:"I am applying for ILR under 5 year work permit. I have worked for two employers in this period including where I work at present. My problem is the end date for Employer A is AFTER the start date of Employer B (I took some annual leave, got the FLR and joined before end date of my employment)

Employer A: FLR 13 Mar 05
Period Employer B: 31 Mar 05 - 18 Oct 06

Employer B: FLR 17 Sept 06
Period Employer B: 4 Sept 06 - Current

To be clear, I only joined Employer B after obtaining my second ILR under the second work permit. But for some reason my start date is not correct. Will this be an issue ? Obviously I could ask my employer to change the dates in their system but don’t wish to."
Overlapping approval are fine.Obviously if you switch job from one employer to another your existing WP will be transferred or new WP will issued to you(which will overwrite older one).
I had similar WPs where WP of my previous employer expired in Jun06 whereas my new employer applied for me in April06.

You are fine. Save your worries to get appointments ;-)

vinseh
Member
Posts: 165
Joined: Sat Nov 07, 2009 7:44 pm

Re: ILR Query

Post by vinseh » Thu Jan 28, 2010 9:08 pm

Hi, you are worrying for no reason as if you are on work permit and you switch jobs. You are actually allowed to work for your new employer once the new wp is approved pending the outcome of your flr application. Just read your wp approval letter carefully and you'll be relaxed. It clearly states that.


dpre wrote:Hi Chetan
Perhaps I used unclear language. I started working for my second employer BEFORE my FLR stamp!! Hence when I get a letter from my second employer, the start date is 4 Sept 06. But my FLR stampe is 13 Sept 06. Which means I started work without getting FLR stamp!!! THi s is a mistake in the company records but obviously it appears that I have broken FLR rules!!
chetanojha wrote:
dpre wrote:"I am applying for ILR under 5 year work permit. I have worked for two employers in this period including where I work at present. My problem is the end date for Employer A is AFTER the start date of Employer B (I took some annual leave, got the FLR and joined before end date of my employment)

Employer A: FLR 13 Mar 05
Period Employer B: 31 Mar 05 - 18 Oct 06

Employer B: FLR 17 Sept 06
Period Employer B: 4 Sept 06 - Current

To be clear, I only joined Employer B after obtaining my second ILR under the second work permit. But for some reason my start date is not correct. Will this be an issue ? Obviously I could ask my employer to change the dates in their system but don’t wish to."
Overlapping approval are fine.Obviously if you switch job from one employer to another your existing WP will be transferred or new WP will issued to you(which will overwrite older one).
I had similar WPs where WP of my previous employer expired in Jun06 whereas my new employer applied for me in April06.

You are fine. Save your worries to get appointments ;-)

dpre
Newly Registered
Posts: 19
Joined: Mon Jan 11, 2010 7:53 pm

Re: ILR Query

Post by dpre » Thu Jan 28, 2010 9:19 pm

Hi Vinseh
That is what I thought as well. But my IED letter (work permit) states that I cannot take up my employment before getting FLR!! So the case worker could say i didnt have leave to take up my new job & hence I have broken the rules for period between my start date and FLR stamp date i.e. 4 sept - 13 sept!! My employer has got his dates wrong but if i ask for a correction it means additional hassle.
vinseh wrote:Hi, you are worrying for no reason as if you are on work permit and you switch jobs. You are actually allowed to work for your new employer once the new wp is approved pending the outcome of your flr application. Just read your wp approval letter carefully and you'll be relaxed. It clearly states that.


dpre wrote:Hi Chetan
Perhaps I used unclear language. I started working for my second employer BEFORE my FLR stamp!! Hence when I get a letter from my second employer, the start date is 4 Sept 06. But my FLR stampe is 13 Sept 06. Which means I started work without getting FLR stamp!!! THi s is a mistake in the company records but obviously it appears that I have broken FLR rules!!
chetanojha wrote:
dpre wrote:"I am applying for ILR under 5 year work permit. I have worked for two employers in this period including where I work at present. My problem is the end date for Employer A is AFTER the start date of Employer B (I took some annual leave, got the FLR and joined before end date of my employment)

Employer A: FLR 13 Mar 05
Period Employer B: 31 Mar 05 - 18 Oct 06

Employer B: FLR 17 Sept 06
Period Employer B: 4 Sept 06 - Current

To be clear, I only joined Employer B after obtaining my second ILR under the second work permit. But for some reason my start date is not correct. Will this be an issue ? Obviously I could ask my employer to change the dates in their system but don’t wish to."
Overlapping approval are fine.Obviously if you switch job from one employer to another your existing WP will be transferred or new WP will issued to you(which will overwrite older one).
I had similar WPs where WP of my previous employer expired in Jun06 whereas my new employer applied for me in April06.

You are fine. Save your worries to get appointments ;-)

ChetanOjha
Moderator
Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London

Re: ILR Query

Post by ChetanOjha » Thu Jan 28, 2010 9:26 pm

dpre wrote:Hi Chetan
Perhaps I used unclear language. I started working for my second employer BEFORE my FLR stamp!! Hence when I get a letter from my second employer, the start date is 4 Sept 06. But my FLR stampe is 13 Sept 06. Which means I started work without getting FLR stamp!!! THi s is a mistake in the company records but obviously it appears that I have broken FLR rules!!
Did your employer applied for your FLR before you started working with them? It is quite obvious that you have to join your employer before they apply for your WP. Your employer cannot apply for your WP in advance. Hence I don't seen any reason why you should worry. Besides you can always say that you accepted the offer and completed the joining formality whereas didn't start working till you received FLR stamp on passport. Many people do while switching jobs i.e. accept offer and complete the joining formalities(and in the mean time resign from old job). You do not have gap between your WO anyway. I don't think you have to worry much here.
Last edited by ChetanOjha on Thu Jan 28, 2010 9:30 pm, edited 1 time in total.

dpre
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Re: ILR Query

Post by dpre » Thu Jan 28, 2010 9:28 pm

No. I got my WP on 30 Aug. My start date is 4 Sept. My FLR date (personal PEO appointment at Croydon) is 13 Sept.

chetanojha wrote:
dpre wrote:Hi Chetan
Perhaps I used unclear language. I started working for my second employer BEFORE my FLR stamp!! Hence when I get a letter from my second employer, the start date is 4 Sept 06. But my FLR stampe is 13 Sept 06. Which means I started work without getting FLR stamp!!! THi s is a mistake in the company records but obviously it appears that I have broken FLR rules!!
Did your employer applied for your FLR before you started working with them?

ChetanOjha
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Posts: 2771
Joined: Thu Dec 28, 2006 12:49 am
Location: London

Re: ILR Query

Post by ChetanOjha » Thu Jan 28, 2010 9:32 pm

dpre wrote:No. I got my WP on 30 Aug. My start date is 4 Sept. My FLR date (personal PEO appointment at Croydon) is 13 Sept.
In my opinion you are good to go. You received WO before you started job. It was just a matter of stamping on passport. What else you need?

vinseh
Member
Posts: 165
Joined: Sat Nov 07, 2009 7:44 pm

Post by vinseh » Thu Jan 28, 2010 9:35 pm

Hi again,

Thats strange cos if you have been on wp and are switching employements they do allow you to work for new employer once the new wp is approved pending the outcome of flr. I have had 2 employers and am on wp mine said that. Was the new wp for a different profile/job description?

Try talking to your employer to sort that out if possible...i wish u all the very best mate.

_________________________________________________________
Hi Vinseh
That is what I thought as well. But my IED letter (work permit) states that I cannot take up my employment before getting FLR!! So the case worker could say i didnt have leave to take up my new job & hence I have broken the rules for period between my start date and FLR stamp date i.e. 4 sept - 13 sept!! My employer has got his dates wrong but if i ask for a correction it means additional hassle.
_________________________________________________________

dpre
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Posts: 19
Joined: Mon Jan 11, 2010 7:53 pm

Post by dpre » Thu Jan 28, 2010 9:48 pm

Hi Vinseh
It was a new WP for a different profile with a different employer. I know employment contract isnt required but the rules say they have to check I have worked only the roles I have permission to stay. This means the stamp after the WP approval?
vinseh wrote:Hi again,

Thats strange cos if you have been on wp and are switching employements they do allow you to work for new employer once the new wp is approved pending the outcome of flr. I have had 2 employers and am on wp mine said that. Was the new wp for a different profile/job description?

Also why do you think they'll question you anyway cos you aren't actually required to submit your employment contracts...


_________________________________________________________
Hi Vinseh
That is what I thought as well. But my IED letter (work permit) states that I cannot take up my employment before getting FLR!! So the case worker could say i didnt have leave to take up my new job & hence I have broken the rules for period between my start date and FLR stamp date i.e. 4 sept - 13 sept!! My employer has got his dates wrong but if i ask for a correction it means additional hassle.
_________________________________________________________

dpre
Newly Registered
Posts: 19
Joined: Mon Jan 11, 2010 7:53 pm

Re: ILR Query

Post by dpre » Thu Jan 28, 2010 9:53 pm

Chetan
Where did you get the fact that I have to join the employer before he applies for WP? That defeats the purpose of WP!!!!
chetanojha wrote:
dpre wrote:Hi Chetan
Perhaps I used unclear language. I started working for my second employer BEFORE my FLR stamp!! Hence when I get a letter from my second employer, the start date is 4 Sept 06. But my FLR stampe is 13 Sept 06. Which means I started work without getting FLR stamp!!! THi s is a mistake in the company records but obviously it appears that I have broken FLR rules!!
Did your employer applied for your FLR before you started working with them? It is quite obvious that you have to join your employer before they apply for your WP. Your employer cannot apply for your WP in advance. Hence I don't seen any reason why you should worry. Besides you can always say that you accepted the offer and completed the joining formality whereas didn't start working till you received FLR stamp on passport. Many people do while switching jobs i.e. accept offer and complete the joining formalities(and in the mean time resign from old job). You do not have gap between your WO anyway. I don't think you have to worry much here.

vinseh
Member
Posts: 165
Joined: Sat Nov 07, 2009 7:44 pm

Post by vinseh » Thu Jan 28, 2010 9:53 pm

i see...that's true when the new job profile is different from what u were doing in the past there is a chance the flr might not get approved and hence the reason the wp approval letter states that you aint allowed to start working for your new employer till ur get your flr. I am sorry mate but the best way forward would be you talking to your current employer...



[quote="dpre"]Hi Vinseh
It was a new WP for a different profile with a different employer. I know employment contract isnt required but the rules say they have to check I have worked only the roles I have permission to stay. This means the stamp after the WP approval?

[quote="vinseh"]

dpre
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Post by dpre » Thu Jan 28, 2010 9:55 pm

Thanks mate for all your help....now to talk to my current employer....
vinseh wrote:i see...that's true when the new job profile is different from what u were doing in the past there is a chance the flr might not get approved and hence the reason the wp approval letter states that you aint allowed to start working for your new employer till ur get your flr. I am sorry mate but the best way forward would be you talking to your current employer...


dpre wrote:Hi Vinseh
It was a new WP for a different profile with a different employer. I know employment contract isnt required but the rules say they have to check I have worked only the roles I have permission to stay. This means the stamp after the WP approval?
vinseh wrote:

vinseh
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Post by vinseh » Thu Jan 28, 2010 10:04 pm

all my sincere wishes for you...good luck :)

ChetanOjha
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Location: London

Re: ILR Query

Post by ChetanOjha » Fri Jan 29, 2010 8:53 am

dpre wrote:Chetan
Where did you get the fact that I have to join the employer before he applies for WP? That defeats the purpose of WP!!!!
Do you think companies can apply for WP for any person who is not employed by them(or atleast not accepted the appointment offer)?How does that defeats the purpose? You had a valid leave to stay in the country and your new employer applied for you(and got approval) before you started(and your previous leave expired).

ChetanOjha
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Joined: Thu Dec 28, 2006 12:49 am
Location: London

Post by ChetanOjha » Fri Jan 29, 2010 8:58 am

vinseh wrote:i see...that's true when the new job profile is different from what u were doing in the past there is a chance the flr might not get approved and hence the reason the wp approval letter states that you aint allowed to start working for your new employer till ur get your flr. I am sorry mate but the best way forward would be you talking to your current employer...
Change of Employment Application

dpre
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Re: ILR Query

Post by dpre » Mon Feb 01, 2010 5:48 pm

Chetan
I dont have an issue with the work permit, i got approval before i started. but got my FLR stamp after starting my new employment. The reason I am concerned is that my IED states I should not start with my new employment until I get my FLR sorted under the new work permit.
chetanojha wrote:
dpre wrote:Chetan
Where did you get the fact that I have to join the employer before he applies for WP? That defeats the purpose of WP!!!!
Do you think companies can apply for WP for any person who is not employed by them(or atleast not accepted the appointment offer)?How does that defeats the purpose? You had a valid leave to stay in the country and your new employer applied for you(and got approval) before you started(and your previous leave expired).

vinseh
Member
Posts: 165
Joined: Sat Nov 07, 2009 7:44 pm

Re: ILR Query

Post by vinseh » Mon Feb 01, 2010 5:55 pm

dpre wrote:Chetan
I dont have an issue with the work permit, i got approval before i started. but got my FLR stamp after starting my new employment. The reason I am concerned is that my IED states I should not start with my new employment until I get my FLR sorted under the new work permit.
chetanojha wrote:
dpre wrote:Chetan
Where did you get the fact that I have to join the employer before he applies for WP? That defeats the purpose of WP!!!!
Do you think companies can apply for WP for any person who is not employed by them(or atleast not accepted the appointment offer)?How does that defeats the purpose? You had a valid leave to stay in the country and your new employer applied for you(and got approval) before you started(and your previous leave expired).


Do anything but please make sure it doesn't show anywhere that you started working before your FLR...

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