PERMANENT RESIDENCE--TWO WORKPERMITS

[survivor2007]

hi,

I got workpermit in 2004 for a fast food restaurant for five years and due to a mistake of mine i resigned in 2007 june. i applied through different companies for workpermits but none came out from homeoffice as positive. the company--lets say company A did not inform the homeoffice that i left the company and this month i had another interview from a company--lets sat COMPANY B and i was approved my TRANSFER OF WORKPERMIT for the remaining two years. i did bluff the company B that i was still in employment with company A when i went to interview. After completing 5 years what will be the possibility of me getting ILR. i dont have my P60's for company A. also there is a gap of 5 months between both the jobs. in the mean time i did work as general manager for a restaurant on a salary of 23k--for 2 months. please advise will the homeoffice findout that i had a big gap of 5 months between company A AND B. how do i survive this.
please advise

[try-one]

You broke the conditions of your entry clearance and worked illegally; when applying for permanent residency you must show 5 continuos years working with proper entry clearance.

When you present the ILR application, you would have to state your work and immigration history; you would need to show that one job ended in June 07, then anothe started 5 months later. You did not have a work permit for the work in between and you were not legally entitled to work for the employer "Z".

According to immigration procedures you would have two options when applying for ILR:
1. Disclose the fact that you worked for employer "Z" without a work permit (Likely to damage your chances for ILR)
2. Disclose the fact that you stayed in the country without a visa (illegal stay) for 5 months (Case workers can exercise discretion, highly unlikely that they would grant your the ILR)

Even if you try to apply for ILR in 2012 (five years from now), you would still have the risk of someone at Home Office noticing that you overstayed your visa in the five months between june and dec and getting you in trouble.

One option to clean the whole story is to take the WP approval letter and apply for entry clearance in your home country; this way you don't have a high risk of getting in trouble. This would represent loosing 3 years of surviving in this country and it is not an ideal situation....however it is much better than loosing 5 years and the chance of ILR.
You can play your odds and try to apply in 09 and pray for the case worker not to notice...however, as you are probably aware, this country is tightening the immigration laws and controls and by 09 they would have more mechanisms to spot problems. Your NI contributions go every month from the employer to HR&C, it doesn't matter if your employer didn't mention to the HO that the employer left, they just need a peek at the database to see that your NI payments are 5 months short.....on your ILR application you have to provide the NI number....anyway, not an easy one.

[survivor2007]

try-one thank you very much for ur advise

[survivor2007]

Tryone, i have two more queries, if you can answer them that would be grateful.
1. with the point system coming through next year, what would be my situation to apply for ILR if i want to apply in 2012 as i need a second extension in 2009 if i go to my home country. i dont think under the point system they will be happy to extend a workpermit for a restaurant--italian food--for a non-eu candidate --and that too for a restaurant manager position.

2. now that i got the 2nd workpermit will there be a problem in getting my FLR stamped from homeoffice. will the homeoffice ask documents from me about COMPANY A --for which i stopped working 5 months ago.


thankyou in advance

[survivor2007]

have two more queries, if you can answer them that would be grateful.
1. with the point system coming through next year, what would be my situation to apply for ILR if i want to apply in 2012 as i need a second extension in 2009 if i go to my home country. i dont think under the point system they will be happy to extend a workpermit for a restaurant--italian food--for a non-eu candidate --and that too for a restaurant manager position.

2. now that i got the 2nd workpermit will there be a problem in getting my FLR stamped from homeoffice. will the homeoffice ask documents from me about COMPANY A --for which i stopped working 5 months ago.

3. IS IT SAFER TO GET FLR STAMPED FROM UK OR IN INDIA. now that they are tight in issuing visas, even though i got fresh workpermit, will the homeoffice find out that i have not been working with COMPANY A FOR THE LAST 5 MONTHS.
thank you in advance

[SYH]

Get your SAB file and why don't you have a p60 from company A, you are entitled to it.