Immigrationboards.com

Hello

My husband applied for ILR more than three weeks ago and has go no reply. His employer wants proof of his eligibility to work and the employer checking service are delaying their response.

Does anyone know which department deals with ILR (SET O) applications and how to contact them?
We have been getting mixed response from the UKVI helpline so are confused.

Has anyone tried to speed up the process of decision, or at least the employment eligibility status?

Does anyone know if an employee should be getting paid for time off work while waiting for confirmation from the home office?

Very confused and any help will be great, thanks !

Does anyone know if an employee should be getting paid for time off work while waiting for confirmation from the home office

Not really an immigration issue is it. It is up to the employer.

When did your husbands current visa expire?

If you wanted a quick decision, he should have applied in person for a same day decision.

There is no way to speed up the process if you applied by post.

If you make an application before your authorised stay ends, your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay. If your existing visa or other permission to stay here allows you to work, you can continue to do so until your case is decided.

It can take upto 2 weeks for HO to come back to your employer ! Quicker Some time but HO is very slow in responding to such queries.

CR001 wrote:

Does anyone know if an employee should be getting paid for time off work while waiting for confirmation from the home office

Not really an immigration issue is it. It is up to the employer.

When did your husbands current visa expire?

If you wanted a quick decision, he should have applied in person for a same day decision.

There is no way to speed up the process if you applied by post.

Well, this employment issue stems from an immigration issue, so people might know about it.

Visa expired end of April.

He couldn't apply in person I think as his Discretionary Leave was granted outside of Immigration Rules.

Anyways, employer got the response from HO today, and the result is negative- application isn't on the system yet. Writing to Liverpool now to request a speed up. if that fails, writing to the MP.

This is absolutely ridiculous. HO charges sky-high fees, but does not deal with applications efficiently. It is one thing to take time to actually decide a case, but its a different matter entirely when it comes to only putting it on the system, when they know that employers will be checking this.

I believe Caroline is asking about 'Right to Work' while ILR application is under consideration.

Caroline,
Is this a new employer or your existing employer?
I am assuming it is your existing employer. If that's the case, then they should already have copies of your Tier 1 Visa and as far as you can show that you have applied via Post for ILR, they should be fine.

As Rebekah said below ... your Right to work will continue until the application is under consideration.

Having said that .......... some employers are really unreasonable unfortunately

RRSB2012 wrote:I believe Caroline is asking about 'Right to Work' while ILR application is under consideration.

Caroline,
Is this a new employer or your existing employer?
I am assuming it is your existing employer. If that's the case, then they should already have copies of your Tier 1 Visa and as far as you can show that you have applied via Post for ILR, they should be fine.

As Rebekah said below ... your Right to work will continue until the application is under consideration.

Having said that .......... some employers are really unreasonable unfortunately

hi RRSB2012

Its an existing employer. My husband didnt apply under tier 1. it was discretionary leave to remain for 6 years. Yep, i know right to work continues in theory, but theres a thing called 'employer eligibility checking service' which checks if employees can still work, and unless their application is on the system already, the check will come back negative (which is what happened to my husband). i think most, if not all, employers do that now.