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Urgent question about ILR and labour market test

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GSOtodd
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Posts: 198
Joined: Tue Jan 22, 2002 1:01 am
Location: London

Urgent question about ILR and labour market test

Post by GSOtodd » Thu Jun 11, 2009 6:42 pm

Will my employer have to conduct a labour market test in order to keep me past my five years? Will he have to conduct a labour market test in order to qualify me for permanent or indefinate (probation citizenship)?
Andy
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PaperPusher
Respected Guru
Posts: 2038
Joined: Sun Apr 22, 2007 5:47 pm
Location: London

Post by PaperPusher » Thu Jun 11, 2009 6:52 pm

No.

Your employer will however need to provide a letter stating that you are still needed for the role.
Indefinite leave to remain for a work permit holder
134. Indefinite leave to remain may be granted on application to a person provided:

(i) he has spent a continuous period of 5 years lawfully in the UK, of which the most recent period must have been spent with leave as a work permit holder (under paragraphs 128 to 133 of these rules), and the remainder must be any combination of leave as a work permit holder or leave as a highly skilled migrant (under paragraphs 135A to 135F of these rules) or leave as a self-employed lawyer (under the concession that appeared in Chapter 6, Section 1 Annex D of the Immigration Directorate Instructions), or leave as a writer, composer or artist (under paragraphs 232 to 237 of these rules);

(ii) he has met the requirements of paragraph 128(i) to (v) throughout his leave as a work permit holder, and has met the requirements of paragraph 135G(ii) throughout any leave as a highly skilled migrant;

(iii) he is still required for the employment in question, as certified by his employer; and

(iv) he has sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, unless he is under the age of 18 or aged 65 or over at the time he makes his application.
http://www.ukba.homeoffice.gov.uk/polic ... les/part5/
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