ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR Refused - Not worked for 6 months

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

Locked
navneek
Newly Registered
Posts: 13
Joined: Tue May 25, 2010 5:57 pm
Location: UK

ILR Refused - Not worked for 6 months

Post by navneek » Thu Feb 14, 2013 9:32 am

Hi Friends, My ILR was refused on 5th Feb 2013.

Refusal Reason: I was not employed between 26/Apr/2010 until 27/Aug/2010. I dont have right to appeal against this decision because my current visa is still valid to stay in this country).

My employer updated a wrong employment end date on SMS (Sponsorship Management System) with UKBA, But my actual end date with that employer is 10/Sep/2010. I have payslips, bank statements, P45, but UKBA is not considered these evidence.

I have informed the employer about this and they accepted that this was mistake by them and rectified the error(Updated the SMS with correct date).

Now I am a lost sheep, I dont know where to run. Please help me.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Thu Feb 14, 2013 9:37 am

Make a new application.

suis
Junior Member
Posts: 98
Joined: Mon Dec 10, 2012 11:48 am

Re: ILR Refused - Not worked for 6 months

Post by suis » Thu Feb 14, 2013 9:37 am

navneek wrote:Hi Friends, My ILR was refused on 5th Feb 2013.

Refusal Reason: I was not employed between 26/Apr/2010 until 27/Aug/2010. I dont have right to appeal against this decision because my current visa is still valid to stay in this country).

My employer updated a wrong employment end date on SMS (Sponsorship Management System) with UKBA, But my actual end date with that employer is 10/Sep/2010. I have payslips, bank statements, P45, but UKBA is not considered these evidence.

I have informed the employer about this and they accepted that this was mistake by them and rectified the error(Updated the SMS with correct date).

Now I am a lost sheep, I dont know where to run. Please help me.
oh its sorry to hear that, i am not sure why you can't appeal against this decision ? cos u had all the evidence and now your employer corrected with SMS , will wait for our seniors to comment here ,

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Re: ILR Refused - Not worked for 6 months

Post by Lucapooka » Thu Feb 14, 2013 9:38 am

suis wrote: i am not sure why you can't appeal against this decision ?
Because he still has extant leave. That's why and how he can re-apply.

navneek
Newly Registered
Posts: 13
Joined: Tue May 25, 2010 5:57 pm
Location: UK

Post by navneek » Thu Feb 14, 2013 9:45 am

I am not entitled to appeal this decision because Section 82 of the Nationality Immigration and Asylum Act 2002 does not provide a right of appeal where and applicant still has leave to enter or remain in the United Kingdom and so is entitled to sty here.

Before I goto Sheffield PEO for application I have never imagined I will endup on this trouble. It may happen to anybody who worked under Tier2 or WP in the past. Please be aware.

navneek
Newly Registered
Posts: 13
Joined: Tue May 25, 2010 5:57 pm
Location: UK

Post by navneek » Thu Feb 14, 2013 10:06 am

I am going to consult the Solicitor to demand compensation from my employer for my loss, I have lost £1377 as application fee and travel expenses to Sheffield. Because of the employer mistake I landed in trouble, it caused me financial loss , mental pressure.

If I reapply ILR, I am not sure whether UKBA will know the updated end date which is recently corrected by employer on SMS. My immigration consultant says it takes months to be updated in all UKBA system. The caseworkers dealing with Same day applications will not know the recent update on SMS.

I dont know what to do.

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Thu Feb 14, 2013 10:09 am

navneek wrote:I dont know what to do.
navneek wrote:I am going to consult the Solicitor .
Okay, that's all sorted then. Next customer in line, please!

navneek
Newly Registered
Posts: 13
Joined: Tue May 25, 2010 5:57 pm
Location: UK

Post by navneek » Thu Feb 14, 2013 10:18 am

@Locapooka, Hi, are you trying to making comedy out my case??

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Post by Obie » Thu Feb 14, 2013 10:19 am

Well you can also write to UKBA and ask them to reconsider their decision.

Firstly the Payslips you gave them was not considered.

If they had considered it, there would have been 2 outcomes, either they will challenge the validity of it, and confirm the authenticity of these documents, and they would have realised, it was a mistake on the part of your employer, or say they are fraudulent and impose a ban for 10 years.

The fact that it was not considered is something worth fighting over.

You could threaten a JR, and send a pre-action protocol.

I doubt you can sue the employer, when updating the SMS is not part of your contract with them, and they could not have envisaged this happening.

I cannot see any malicious intent on their part.
Smooth seas do not make skilful sailors

Gagan1986
Senior Member
Posts: 818
Joined: Thu Dec 13, 2012 11:29 pm

Post by Gagan1986 » Thu Feb 14, 2013 10:22 am

navneek wrote:I am going to consult the Solicitor to demand compensation from my employer for my loss, I have lost £1377 as application fee and travel expenses to Sheffield. Because of the employer mistake I landed in trouble, it caused me financial loss , mental pressure.

If I reapply ILR, I am not sure whether UKBA will know the updated end date which is recently corrected by employer on SMS. My immigration consultant says it takes months to be updated in all UKBA system. The caseworkers dealing with Same day applications will not know the recent update on SMS.

I dont know what to do.
It is correct, it can take months for UKBA to update their system. The best option probably will be to send an update straightaway and then send your ILR application via post. As it can take 6months for application to make a decision and by that time hopefully your issue will be updated. Goodluck

Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 9:30 am
Location: Brasil

Post by Lucapooka » Thu Feb 14, 2013 10:30 am

navneek wrote:@Locapooka, Hi, are you trying to making comedy out my case??
No, I absolutely believe that the random comments garnered on this forum are no substitute for proper legal assistance. By indicating that you intend to take professional advice, you have clearly identified the best solution to your problem and I was agreeing with your wise decision.

Only you can decide how much your settlement in the UK is actually worth to you personally.

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Thu Feb 14, 2013 10:38 am

Book another appointment at Solihull immediately. Get some consolation from MeganJane case on this forum. Although her was incorrect application of Policy, you can get ideas from there.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

navneek
Newly Registered
Posts: 13
Joined: Tue May 25, 2010 5:57 pm
Location: UK

Post by navneek » Thu Feb 14, 2013 10:40 am

@wpilr_nov12, Can you refer or provide the link to the thread discussing her MeganJane case? Please.

Gagan1986
Senior Member
Posts: 818
Joined: Thu Dec 13, 2012 11:29 pm

Post by Gagan1986 » Thu Feb 14, 2013 10:45 am

Solihull will be a good option as you don't risk on losing the money. But do remember the outcome will be the same if the UKBA's systems are not updated.

navneek
Newly Registered
Posts: 13
Joined: Tue May 25, 2010 5:57 pm
Location: UK

Post by navneek » Thu Feb 14, 2013 10:47 am

Yes Gagan1986 ! you are right, it doesn't matter which PEO you go, the situation will be same if the UKBA system is not updated with recent change.

Gagan1986
Senior Member
Posts: 818
Joined: Thu Dec 13, 2012 11:29 pm

Post by Gagan1986 » Thu Feb 14, 2013 10:50 am

It has happened to me earlier where I sent details to UKBA as my position, salary and employers address changed, it took them 4 months to update that on the system and was stopped at immigration when coming back from holidays.

cs95tdg
Diamond Member
Posts: 3152
Joined: Sun Apr 22, 2012 5:55 pm
Location: London

Post by cs95tdg » Thu Feb 14, 2013 11:04 am

navneek wrote:the link to the thread discussing her MeganJane case? Please.
You can use the search facility on this site to find posts by login name or other search criteria.
http://www.immigrationboards.com/viewtopic.php?t=123664

Kevin24
Diamond Member
Posts: 1728
Joined: Mon Dec 03, 2012 4:17 pm

Post by Kevin24 » Thu Feb 14, 2013 7:24 pm

navneek wrote:@Locapooka, Hi, are you trying to making comedy out my case??
Lucapooka knows better,what he is talking about.He is only trying to help you.

Subirajd
Newly Registered
Posts: 21
Joined: Wed Dec 19, 2012 1:37 pm
Location: Portsmouth

Ilr

Post by Subirajd » Thu Feb 14, 2013 10:51 pm

Hi There, I am sorry to hear about your application. How or what prompted the CW to check this detail. Did They ask for your emloyment history?

Ish51
Junior Member
Posts: 55
Joined: Mon Jun 11, 2012 7:44 pm

Post by Ish51 » Fri Feb 15, 2013 10:27 am

Very sorry to know this. Have you applied under Tier 1 / Tier 2?

JoeLawerence2
Junior Member
Posts: 72
Joined: Thu Jan 14, 2016 3:24 pm
India

Re: ILR Refused - Not worked for 6 months

Post by JoeLawerence2 » Mon May 23, 2016 3:09 pm

I know this is a zombie thread, but just wanted to ask a relevant question.

Do the case workers refuse ILR for Tier 2 holders if there is a gap more than 60 days between employment. I have heard mixed responses on this forum, but would like to know the definitive answer.

Many Thanks.

Locked
cron