ILR Need Help!!

arnomarga · Post by **arnomarga** » Sat Jul 21, 2007 3:52 pm

Hi,

I came into this country under work permit category on August 2002 for 18 months, I was working for an IT company, in the start it was ok but I was not comfortable working this company so I start looking some other jobs, when my WP was near to renew I found another company and they applied for my work permit, unfortunately the application was refused on the basis that the company did not provide all the relative documents and also my previous employer sent the letter to home office for the termination of contract with me which I did not know and I did not receive any letter from my employer or home office.

Anyway as soon as I found that my application has been refused, I found another job and this time my work permit has been granted, so I started working with this company and I was not having any problem to renew my visa, In December 2006, I got a very good offer for another IT company and I transfer my visa to that company and this time my visa was approved for 5 years which is valid till end of 2011.

Now my question is that when can I apply for ILR? If I calculate from August 2002, my 5 years time period has been completed and I am eligible to apply, but I am not sure about the issue which my first employer created as he made the application to home office to terminate my WP.

I will be very thankful to you if anyone can help me to sort this out.

Regards

Arno

Wanderer · Post by **Wanderer** » Sat Jul 21, 2007 4:05 pm

arnomarga wrote:Hi,

I came into this country under work permit category on August 2002 for 18 months, I was working for an IT company, in the start it was ok but I was not comfortable working this company so I start looking some other jobs, when my WP was near to renew I found another company and they applied for my work permit, unfortunately the application was refused on the basis that the company did not provide all the relative documents and also my previous employer sent the letter to home office for the termination of contract with me which I did not know and I did not receive any letter from my employer or home office.

Anyway as soon as I found that my application has been refused, I found another job and this time my work permit has been granted, so I started working with this company and I was not having any problem to renew my visa, In December 2006, I got a very good offer for another IT company and I transfer my visa to that company and this time my visa was approved for 5 years which is valid till end of 2011.

Now my question is that when can I apply for ILR? If I calculate from August 2002, my 5 years time period has been completed and I am eligible to apply, but I am not sure about the issue which my first employer created as he made the application to home office to terminate my WP.

I will be very thankful to you if anyone can help me to sort this out.

Regards

Arno

How do you mean 'transfer' your visa - you can't transfer a Work permit.

And where you ever in the UK without a valid visa or LTR during this period?

arnomarga · Post by **arnomarga** » Sat Jul 21, 2007 4:27 pm

transfering visa mean, swtiching from one company to another, as far as I know I was on work permit all the time, i switch from my first employer to 2nd employer and i did while i was on work permit. Home office refused my application due to lack of documents from my 2nd employer and also mentioned that they need a job search info as my first employer complaint about me and terminate my contract with him.

Wanderer · Post by **Wanderer** » Sat Jul 21, 2007 5:08 pm

arnomarga wrote:transfering visa mean, swtiching from one company to another, as far as I know I was on work permit all the time, i switch from my first employer to 2nd employer and i did while i was on work permit. Home office refused my application due to lack of documents from my 2nd employer and also mentioned that they need a job search info as my first employer complaint about me and terminate my contract with him.

What I'm trying to find out is if there is a gap between your Work Permits, since that are not transferred, first one is ended and the second one starts.

What do the actual Work Permits in you passport say, date-wise?

Another question, how long was the gap from when your second work permit was refused and cutrrent one obtained? Was there a gap there?

Reading between the lines I fear your clock starts Dec 2006 therefore you can apply for ILR in Dec 2011.

Also reading between the lines you may have been working illegally so please provide the exact dates you started and finished working with ur employers and the dates on the WP's themselves so we can be sure of the facts.

arnomarga · Post by **arnomarga** » Sun Jul 22, 2007 11:46 am

Hi,

Thanks for your reply.

I think you are taking everything in a wrong way, let me explain this way.

First Work Permit: 31-07-2002 to 31-01-2004

2nd Work Permit: 20-08-2004 to 28-02-2005
(Between 31-01-2004 to 20-08-2004, my case was in process with home office, The company who applied in January 2004 was refused and home office gave us 28 days of appeal, but I got another job in a different company and they applied and this time home office granted me a work permit for 1 year)

Third Work Permit: 02-03-2005 to 28-08-2006
(on 02-2005 my company applied for extension and they renewd till 28-08-2006)

Fourth Work Permit: 14-07-2006 to 28-08-2008
(In July 2006 my company applied again for extension and this time they extend till 08-2008)

Fifth Work Permit: 21-12-2006 to 20-12-2011
(In December 2006, I got another job, they applied and this time home office approved my work permit for 5 years with my current company)

when I see all these dates, I can only see the gap between(31-01-2004 to 20-08-2004) but in that time my case was with home office, there is not a single day where I was illegal.

I would be very thankful if someone can advise when my ILR is due?

Thanks

olisun · Post by **olisun** » Sun Jul 22, 2007 5:57 pm

arnomarga wrote:The company who applied in January 2004 was refused and home office gave us 28 days of appeal, but I got another job in a different company

Did you appeal??

arnomarga · Post by **arnomarga** » Mon Jul 23, 2007 11:28 am

No, I got another job and I asked this employer that I dont want you to appeal against this decision, if they refused 2nd time I had no choice left. My Next employer submit my case and this time home office granted my work permit for 20-08-2004 to 28-02-2005.

VictoriaS · Post by **VictoriaS** » Mon Jul 23, 2007 11:36 am

You should be eligible in August 2007. However, if your passport makes it seem as though you had breaks between visas, you should apply by post.

Victoria

olisun · Post by **olisun** » Mon Jul 23, 2007 11:44 am

arnomarga wrote: 2nd Work Permit: 20-08-2004 to 28-02-2005
(Between 31-01-2004 to 20-08-2004, my case was in process with home office, The company who applied in January 2004 was refused and home office gave us 28 days of appeal, but I got another job in a different company and they applied and this time home office granted me a work permit for 1 year)

This is confusing

Between 31-01-2004 to 20-08-2004 your case was with the HO, but you have not mentioned the date (month & year) when your second WP was refused. Because if you have got 28 days to appeal and if you have not bothered to appeal then technically you are illegal.

But if you got your refusal say around 20-08-2004 and within 28 days you got another WP, then you should have no problems but then the question is what were you doing between 31-01-2004 to 20-08-2004

arnomarga · Post by **arnomarga** » Mon Jul 23, 2007 12:13 pm

In March 2004 we received a refusal letter from HO and then they gave us 28 days for appeal, but with in 28 days I got another job and that company applied for my work permit with in those 28 days. This time HO took nearly 2 and 1/2 months for the decision. After that I have to apply for FLR, Rest they took time to stamp my passport.

I started working with this company as soon as we received approval from HO which was I think end of June or start of July.

olisun · Post by **olisun** » Mon Jul 23, 2007 12:24 pm

arnomarga wrote:In March 2004 we received a refusal letter from HO and then they gave us 28 days for appeal, but with in 28 days I got another job and that company applied for my work permit with in those 28 days. This time HO took nearly 2 and 1/2 months for the decision. After that I have to apply for FLR, Rest they took time to stamp my passport.

I started working with this company as soon as we received approval from HO which was I think end of June or start of July.

Did you have a valid visa (WP) between 31-01-2004 to 20-08-2004?

As I inderstand you have had the first WP for 18months then your 2nd employer applied for a new WP in Jan 2004 which was refused in March 2004.

What were you doing between Jan 2004 and June 2004 if your first WP was only for 18 months and expired in Jan 2004?

arnomarga · Post by **arnomarga** » Mon Jul 23, 2007 12:32 pm

Between Jan 2004 to June 2004, I was not doing anything, because my work permit applications were with home office, which was finally granted on June 2004.

jes2jes · Post by **jes2jes** » Mon Jul 23, 2007 1:44 pm

arnomarga wrote:Between Jan 2004 to June 2004, I was not doing anything, because my work permit applications were with home office, which was finally granted on June 2004.

Did your employer fill out an FLR application alongside your WP application to vary your leave?

If not, I would advise you to make SAR/SAB request to the BIA to clarify this.

It is possible your clock stopped when the first WP was refused. You are not the first person I have seen on this board who has successfully be granted FLR after refusal of an application and an expiration of a LTR.

arnomarga · Post by **arnomarga** » Mon Jul 23, 2007 2:02 pm

Hi jes2jes,

Thanks for your post.

No employer did not apply for FLR, I did this myself after wp approval.

Where do I contact SAR/SAB request to the BIA? Is there any phone number to contact them?

Thanks

jes2jes · Post by **jes2jes** » Mon Jul 23, 2007 3:11 pm

arnomarga wrote:Hi jes2jes,

Thanks for your post.

No employer did not apply for FLR, I did this myself after wp approval.

Where do I contact SAR/SAB request to the BIA? Is there any phone number to contact them?

Thanks

Look at this post for what to do and you can also google the Border and Immigration Agency's (Formery Home Office or IND) website:

http://www.immigrationboards.com/viewtopic.php?t=15817

Also, look at this thread for a possible scenerio:

http://www.immigrationboards.com/viewtopic.php?t=17005

arnomarga · Post by **arnomarga** » Mon Jul 23, 2007 4:48 pm

thanks for the info...

what do I need to ask them?

ening · Post by **ening** » Tue Jul 24, 2007 11:42 pm

Its my fourrth year now in UK and next year I am ready to apply for ILR Am I affected of new point system? I am confused bec some say NO some say YES Pls enlighten me bec I am really worried now Thanks

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 2:18 pm

jes2jes wrote:
Did your employer fill out an FLR application alongside your WP application to vary your leave?

The FLR rules were different back then - the fact of an outstanding work permit application would have conferred an extension of leave until a decision had been made.

Victoria

VictoriaS · Post by **VictoriaS** » Wed Jul 25, 2007 2:18 pm

ening wrote:Its my fourrth year now in UK and next year I am ready to apply for ILR Am I affected of new point system? I am confused bec some say NO some say YES Pls enlighten me bec I am really worried now Thanks

We won't know for sure for some time, but it is unlikely that the government would change the rules again and risk the same embarassment that they have over the HSMP and ancestry visa holders.

Victoria

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