ILR - Very Tricky Case - Urgent help needed

Vikram_london81 · Post by **Vikram_london81** » Thu Sep 06, 2012 9:44 pm

Hello Everyone

Hoping someone can help me with some advice

I got a WP from a company in 2007. However when i came back from my home country after entry clearance the company was struggling financially and did not have any work for me.

I fortunately found work in another company and have been working with them since early 2008. I never told them about my immigration status and they never enquired either.
Now my visa finishes at the end of this year and i qualify to apply for ILR, however i do not have any payslips or P60 from the WP company.
The WP company still exists and are willing to help in which ever way possible.

Does anyone know if HO checks all tax records, i can provide 3 recent pay slips from the WP company if needed.
Please guys let me me know what i can do..i really need this ILR as i do not want to go back.

Or should i not bother and go back as i do not have any hope.

Hope to hear from you guys soon.

Thanks

GG2011 · Post by **GG2011** » Thu Sep 06, 2012 9:46 pm

Sounds like a fraud to me.

wpilr_nov12 · Post by **wpilr_nov12** » Thu Sep 06, 2012 9:50 pm

Vikram_london81 wrote:Hello Everyone

Hoping someone can help me with some advice

I got a WP from a company in 2007. However when i came back from my home country after entry clearance the company was struggling financially and did not have any work for me.

I fortunately found work in another company and have been working with them since early 2008. I never told them about my immigration status and they never enquired either. This could be grounds for ILR refusal.
Now my visa finishes at the end of this year and i qualify to apply for ILR, however i do not have any payslips or P60 from the WP company.
The WP company still exists and are willing to help in which ever way possible.

Does anyone know if HO checks all tax records, i can provide 3 recent pay slips from the WP company if needed.
Please guys let me me know what i can do..i really need this ILR as i do not want to go back.

Or should i not bother and go back as i do not have any hope.

Hope to hear from you guys soon.

Thanks

A professional legal advice is required in your case. Good luck.

vik30 · Post by **vik30** » Fri Sep 07, 2012 8:31 am

Since a work permit is a company specific permit issued by the home office. It was your first company's responsbility to let the Homeoffice know when your employment ceased with them.
And ideally, your second company should have got your work permit transferred /reassigned over to them OR You should have moved on to Tier 1 General category.
My ex-colleague has similar problem like yours. She just started working with the new employer and her new employer didnt bother with work permit and all and eventually when she got to point of making an ILR application, she found out that here 2nd company is not even a work permit sponsor licensee..she had to go through a solicitor for her ILR app..her app is still with homeoffice and it has been nearly 5 months..

As suggested earlier by others, you do need a professional advice on this. perhaps solicitor can exploit some sort of loop holes in the system and work on your case.
Good Luck

innocentdevil · Post by **innocentdevil** » Fri Sep 07, 2012 8:56 am

can't blame it on employers as it costs a lot for a license though it should be done.

when the OP changed the company, the OP should have asked the employer to do that for him/her.

Expect problems in ILR

nionlight · Post by **nionlight** » Fri Sep 07, 2012 11:40 am

No harm trying your luck apart from losing application fees.

wiqram · Post by **wiqram** » Fri Sep 07, 2012 12:33 pm

Vikram_london81 wrote:Hello Everyone

Hoping someone can help me with some advice

I got a WP from a company in 2007. However when i came back from my home country after entry clearance the company was struggling financially and did not have any work for me.

I fortunately found work in another company and have been working with them since early 2008. I never told them about my immigration status and they never enquired either.
Now my visa finishes at the end of this year and i qualify to apply for ILR, however i do not have any payslips or P60 from the WP company.
The WP company still exists and are willing to help in which ever way possible.

Does anyone know if HO checks all tax records, i can provide 3 recent pay slips from the WP company if needed.
Please guys let me me know what i can do..i really need this ILR as i do not want to go back.

Or should i not bother and go back as i do not have any hope.

Hope to hear from you guys soon.

Thanks

Just my opinion, that if you go ahead with your current status and apply for ILR, it would be a problem for your old and the new employer both and also for you as this technically is not a legal thing. But as others have said, try your luck, but dont try it without solicitors help.

wpilr_nov12 · Post by **wpilr_nov12** » Fri Sep 07, 2012 1:02 pm

At the time of OP's WP issue,
Requirements for leave to enter the United Kingdom for work permit employment
Immigration Rules Para 128:
(i)
(ii)
(iii)
(iv): does not intend to take employment except as specified in his work permit;
(v)
(vi)
(vii)

At the time of OP's ILR application,
Indefinite leave to remain for a work permit holder
Immigration Rules Para 134:
Indefinite leave to remain may be granted on application to a person provided:
(i)
(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder,

I don't see how the OP will pass this test.

And the final nail in the coffin:
Page 49 of 106 Indefinite leave to remain in closed categories – version 10.0 Valid from 13 June 2012: Refusal Wording

Reason and paragraph: Other employment
Paragraph 135 with reference to 134(ii), 131(iii) and 128(iv)
Suggested wording: "... but in view of [insert details for the refusal...] the Secretary of State is not satisfied that you did not take employment other than as specified in your work permit throughout the five year period you have spent in the United Kingdom in this capacity."

brij4134 · Post by **brij4134** » Fri Sep 07, 2012 8:47 pm

Vikram_london81 wrote:Hello Everyone

Hoping someone can help me with some advice

I got a WP from a company in 2007. However when i came back from my home country after entry clearance the company was struggling financially and did not have any work for me.

I fortunately found work in another company and have been working with them since early 2008. I never told them about my immigration status and they never enquired either.
Now my visa finishes at the end of this year and i qualify to apply for ILR, however i do not have any payslips or P60 from the WP company.
The WP company still exists and are willing to help in which ever way possible.

Does anyone know if HO checks all tax records, i can provide 3 recent pay slips from the WP company if needed.
Please guys let me me know what i can do..i really need this ILR as i do not want to go back.

Or should i not bother and go back as i do not have any hope.

Hope to hear from you guys soon.

Thanks

Hi Vikram,
Chances are very thin because home office take more than one hour to decide outcome for any application of ILR. But if you want to apply any how then keep in mind, minimum you need 3 months payslip and bank statements as well which shows pay is coming in bank as per payslip.
Possible they ask P60 as well and of course employer letter with all the details of employment with SOC code and pay etc
Best luck to you.
Brij

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ILR - Very Tricky Case - Urgent help needed

ILR - Very Tricky Case - Urgent help needed

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Re: ILR - Very Tricky Case - Urgent help needed

Re: ILR - Very Tricky Case - Urgent help needed