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Dear All

I am currently on a work permit. I have been with the same employer for the last 4.5 years (no breaks except annual paid leaves) . I have been given notice and my last day will be April 15th 2013. My work permit was going to expire in July 2013.

a) Am I still eligible for ILR with 4 years and 9 months employment with the same employer ?

b) if no, what other ways do you recommend ? what are my legal rights to stay in the country ?

Thanks in advance for your help..

Anybody who can help me please ???

Much appreciated..

Regards

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ethan66 wrote:Dear All

I am currently on a work permit. I have been with the same employer for the last 4.5 years (no breaks except annual paid leaves) . I have been given notice and my last day will be April 15th 2013. My work permit was going to expire in July 2013.

a) Am I still eligible for ILR with 4 years and 9 months employment with the same employer ?

b) if no, what other ways do you recommend ? what are my legal rights to stay in the country ?

Thanks in advance for your help..

It may help to provide a explicit answer if you provide:

a) your WP EC date
b) date of first entry to the UK

Note that one requirement to apply for ILR as a Work Permit Holder is for your employer to confirm that they require your services for the foreseeable future and that you are being paid at or above the rate for your SOC code.

If you do not qualify for ILR based on your current residence, an alternative would be to find another immigration category you can switch to in-country before your current employment ends. E.g. a T2 sponsor.

My WP was issued on July 2008 and I first entered UK 5 days after the issue date.

Thanks

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cs95tdg wrote:It may help to provide a explicit answer if you provide:

a) your WP EC date
b) date of first entry to the UK

Note that one requirement to apply for ILR as a Work Permit Holder is for your employer to confirm that they require your services for the foreseeable future and that you are being paid at or above the rate for your SOC code.

If you do not qualify for ILR based on your current residence, an alternative would be to find another immigration category you can switch to in-country before your current employment ends. E.g. a T2 sponsor.

No you cannot apply for ILR with less than 5 yrs EC.

The only realistic possibility is that you find another sponsor for tier 2.

I am sure there are many individuals like you who have been asked to leave just before completing their 5 years. There are contracting firms who can file for your Tier 2 visa and offer you a job. It might not be as high paying as your current one but I am sure that's a good solution if you are keen to stay in the UK.

In this scenario you will have to file for your tier 2 visa again but will still be eligible for ILR in July if things go to plan.

Giving exact dates of WP Visa issue, and your entry to UK, your visa exp date would help in working out a strategy at least....

ethan66 wrote:My WP was issued on July 2008 and I first entered UK 5 days after the issue date.

So in summary:

a) your WP EC was issued in July 2008
b) you first entered the UK in July 2008
c) your WP LTR is due to expire in July 2013
d) but your employment with that WP sponsor is due to end in April 2008

Based on the above facts, you would not be able to apply for ILR without switching immigration categories to cover the 5 year residence requirement as a economic migrant.

Do take a look through the economic migrant categories which are available under both Tier 2 (Employer Sponsored) & Tier 1 to determine which category(ies) you qualify under. As has already been mentioned, finding a Tier 2 General sponsor would be an option definitely worth exploring.

Thanks a lot for the information.. Sad but useful.

When you mention about contracting firms, what exactly do you mean ?are there firms out there offering short term jobs to overcome such obstacles ? sorry i may sound naive but just want to find out all my option.

Can I pick any job from any firm who can apply for Tier 2 or does it have to be an offer from the same industry for the same specific job mentioned in my WP (ie change of firm rather than job or industry) ?

Thanks in advance for your help...
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uksettlement wrote:No you cannot apply for ILR with less than 5 yrs EC.

The only realistic possibility is that you find another sponsor for tier 2.

I am sure there are many individuals like you who have been asked to leave just before completing their 5 years. There are contracting firms who can file for your Tier 2 visa and offer you a job. It might not be as high paying as your current one but I am sure that's a good solution if you are keen to stay in the UK.

In this scenario you will have to file for your tier 2 visa again but will still be eligible for ILR in July if things go to plan.

ethan66 wrote:
When you mention about contracting firms, what exactly do you mean ?are there firms out there offering short term jobs to overcome such obstacles ? sorry i may sound naive but just want to find out all my option.

Can I pick any job from any firm who can apply for Tier 2 or does it have to be an offer from the same industry for the same specific job mentioned in my WP (ie change of firm rather than job or industry) ?

Well to be honest I don't know a lot abt it myself but know a common friend who was terminated 1 month before his ILR. He applied for tier 2 through a tier2 sponsor and got that. After a month he is going for his ILR.