Immigrationboards.com

applying for ILR

how does UK BA deal with cases when the delay between 1st time entering the country and starting work (Work Permit) is longer than allowed 15 days?

background:
came to the UK - went away for a couple of short business trips every time returning to the UK. After spending total 15 days in the UK sisnce 1st enetering went away (business + annual leave) for a few weeks. Signed contract with the employer who issued WP when back to the UK after this long trip.

What are the potential complications? What could be supporting documentation to help? Any similar cases previously described on the forum (I didn't find any)? Known outcomes of those cases?

your help will be much appreciated

try wrote:how does UK BA deal with cases when the delay between 1st time entering the country and starting work (Work Permit) is longer than allowed 15 days?

Does such a rule of "allowed 15 days" exist at all? I cannot find on UKBA anything like that...

The residential period of 5 years needed for ILR starts from the day of entering the UK as a WP holder (previous entries on non-immigration visas are irrelevant). When was it in your case?

I think there was a rule for WP saying that you can enter the UK up to two weeks before the day you will start working.
But for ILR, it is only the day you enter UK on WP that matters.

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Pierrot95 wrote:I think there was a rule for WP saying that you can enter the UK up to two weeks before the day you will start working.

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Correct!
following that see paragraph "245ZH. Requirements for indefinite leave to remain" of Immigration Rules:
"(b) The applicant must have spent a continuous period of 5 years Lawfully in the UK, ... "
http://www.ukba.homeoffice.gov.uk/polic ... es/part6a/

Question: would breach of the "two weeks" rule (calendar days from entering the country to strating work or days spent in the country before starting work??) for WP be a problem wrt the word "lawfuly"? does the "two weeks" rule for WP qualify as part of the law?

Sorry i was not clear enough but this was the actual question.

try wrote:Question: would breach of the "two weeks" rule (calendar days from entering the country to strating work or days spent in the country before starting work??) for WP be a problem wrt the word "lawfuly"? does the "two weeks" rule for WP qualify as part of the law?

Contract is signed and you entered into the UK on this basis (being in continuous employment ever since), so your stay is legal/lawful in all senses, in my view.

dimsav wrote:

try wrote:Question: would breach of the "two weeks" rule (calendar days from entering the country to strating work or days spent in the country before starting work??) for WP be a problem wrt the word "lawfuly"? does the "two weeks" rule for WP qualify as part of the law?

Contract is signed and you entered into the UK on this basis (being in continuous employment ever since), so your stay is legal/lawful in all senses, in my view.

Another point is that the "two weeks" rule wasn't a rule for the visa holder. It was a recommendation to entry clearance officers about how they should issue WP visa. So if you entered UK with a valid WP visa, there is no issue about your continuous legal stay.
However, I suspect that there might be an issue about your continuous employment if you didn't start working after entering the UK.
Anyway I think all that is the ECO's fault. They shouldn't have issued the visa without knowing the starting date of your employment. And you shouldn't have been allowed entry more than two weeks before that date.

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try wrote:applying for ILR

how does UK BA deal with cases when the delay between 1st time entering the country and starting work (Work Permit) is longer than allowed 15 days?

background:
came to the UK - went away for a couple of short business trips every time returning to the UK. After spending total 15 days in the UK sisnce 1st enetering went away (business + annual leave) for a few weeks. Signed contract with the employer who issued WP when back to the UK after this long trip.

What are the potential complications? What could be supporting documentation to help? Any similar cases previously described on the forum (I didn't find any)? Known outcomes of those cases?

your help will be much appreciated

When was WP issued?
When was Entry Clearance Visa issued?
When did you enter the country using the entry clearance visa?

f2k wrote:

try wrote:applying for ILR

how does UK BA deal with cases when the delay between 1st time entering the country and starting work (Work Permit) is longer than allowed 15 days?

background:
came to the UK - went away for a couple of short business trips every time returning to the UK. After spending total 15 days in the UK sisnce 1st enetering went away (business + annual leave) for a few weeks. Signed contract with the employer who issued WP when back to the UK after this long trip.

What are the potential complications? What could be supporting documentation to help? Any similar cases previously described on the forum (I didn't find any)? Known outcomes of those cases?

your help will be much appreciated

When was WP issued?

do not remember - can not find the original, only have the number. It was clearly issued before the entry clearance visa.

When was Entry Clearance Visa issued?

20 August 2005

When did you enter the country using the entry clearance visa?

about 40 days after the visa was issued.

I do not see how all this may be relevant to answer the question. Could you please explain.


Has anyone seen any similar situations discussed on the forum?

dimsav wrote:

try wrote:Question: would breach of the "two weeks" rule (calendar days from entering the country to strating work or days spent in the country before starting work??) for WP be a problem wrt the word "lawfuly"? does the "two weeks" rule for WP qualify as part of the law?

Contract is signed and you entered into the UK on this basis (being in continuous employment ever since), so your stay is legal/lawful in all senses, in my view.

entered the UK on the basis of WP.
the contract was signed after i entered the country.

Pierrot95 wrote:

dimsav wrote:

try wrote:Question: would breach of the "two weeks" rule (calendar days from entering the country to strating work or days spent in the country before starting work??) for WP be a problem wrt the word "lawfuly"? does the "two weeks" rule for WP qualify as part of the law?

Contract is signed and you entered into the UK on this basis (being in continuous employment ever since), so your stay is legal/lawful in all senses, in my view.

Another point is that the "two weeks" rule wasn't a rule for the visa holder. It was a recommendation to entry clearance officers about how they should issue WP visa. So if you entered UK with a valid WP visa, there is no issue about your continuous legal stay.
However, I suspect that there might be an issue about your continuous employment if you didn't start working after entering the UK.
Anyway I think all that is the ECO's fault. They shouldn't have issued the visa without knowing the starting date of your employment. And you shouldn't have been allowed entry more than two weeks before that date.

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It was intracompany transfer ... which actualy could be quite different wrt the issue? Just realised this. Perhaps, when the things happening within the same company there is less stress on the issues like contract ... ?

Well, they shoudl not but they did. The employer should but didn't not. After all it will be me applying in the UK BA. I'm trying to estimate with highest possible accuracy the complications I may face.

any informed help about this, please?

try wrote:any informed help about this, please?

Well, if it is ICT, I don't think you have anything to worry about. Your "contract" is an internal matter with your company and UKBA has nothing to do with that. From UKBA's perspective, you are supposed to be working for that company already, otherwise you wouldn't be eligible to WP ICT.

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