Indefinite Leave to Remain Enquiry

[aaa123]

hi

i have break of 6 months between two employments as work permit holder but i went outside of uk only for 2 months out of 6 months.

could any one tell me if i will be eligible of getting ILR after 5 years (i completed 2 years on first work permit) and then 3 years on the second one. the reason for the break was premature end of emplyement, refusal of two in country applications (as advertisement wasn't done) and departure from uk in order to make an out country application

[VictoriaS]

That sounds like it may be considered a break.

Victoria

[aaa123]

That sounds like it may be considered a break.

Victoria

will i be given chance to appeal if things get rejected .........

should i be hopeful that home office will deal it as discreetly

[try-one]

aaa123;
You have a break of 6 months between employment?
You know you are required to leave the UK 28 days after your EC is no longer valid?
If the case was that your EC was invalidated due to employment being terminated (by you or the employer) or EC expired and you remained in the UK for 4 months without a valid EC, then your problem is not a break on the visa for the ILR, your problem is that you lived for 4 months without a visa and then obtained a new EC outside the UK (this would be a break on the ILR requirements)

[Wanderer]

And do we know if the blacklisting law is being applied retrospectively to overstayers?

[aaa123]

aaa123;
You have a break of 6 months between employment?
You know you are required to leave the UK 28 days after your EC is no longer valid?
If the case was that your EC was invalidated due to employment being terminated (by you or the employer) or EC expired and you remained in the UK for 4 months without a valid EC, then your problem is not a break on the visa for the ILR, your problem is that you lived for 4 months without a visa and then obtained a new EC outside the UK (this would be a break on the ILR requirements)

what is EC

[Wanderer]

aaa123;
You have a break of 6 months between employment?
You know you are required to leave the UK 28 days after your EC is no longer valid?
If the case was that your EC was invalidated due to employment being terminated (by you or the employer) or EC expired and you remained in the UK for 4 months without a valid EC, then your problem is not a break on the visa for the ILR, your problem is that you lived for 4 months without a visa and then obtained a new EC outside the UK (this would be a break on the ILR requirements)

what is EC

Entry Clearance - the visa u used to enter the UK on.

[paulp]

Entry Clearance (visa applied from abroad).

[aaa123]

Entry Clearance (visa applied from abroad).

well i remained in the uk for 4 months post leaving my new job...as my new employer had applied for the work permit and i had submitted my FLR for the wp applied....then when in- country applications were disapproved i went out of uk and applied for the FLR for an out - country work permit application.....so i did not stay illegaly at all....

now going back to my original question ........is it likely, if it is then how much, that i going to get ILR....thanks

[paulp]

well i remained in the uk for 4 months post leaving my new job...as my new employer had applied for the work permit and i had submitted my FLR for the wp applied....then when in- country applications were disapproved i went out of uk and applied for the FLR for an out - country work permit application.....so i did not stay illegaly at all....

now going back to my original question ........is it likely, if it is then how much, that i going to get ILR....thanks

It is quite likely that you will have to wait 5 years from your second work permit. That's because when somebody leaves the country, visa expires and they come back with new EC, the HO calls it a "gap" and considers it to have restarted your 5 year clock.

[aaa123]

well i remained in the uk for 4 months post leaving my new job...as my new employer had applied for the work permit and i had submitted my FLR for the wp applied....then when in- country applications were disapproved i went out of uk and applied for the FLR for an out - country work permit application.....so i did not stay illegaly at all....

now going back to my original question ........is it likely, if it is then how much, that i going to get ILR....thanks

It is quite likely that you will have to wait 5 years from your second work permit. That's because when somebody leaves the country, visa expires and they come back with new EC, the HO calls it a "gap" and considers it to have restarted your 5 year clock.

what i have understood from home office website is that they, at the moment, are focusing on uk life test and english language proficiency...and from their statement on the "settlement" i could interpret is that above two are crucial and one will seem to have a chance if they could get through of those (uk life test and english skills)......also i am thinking of taking chance that case worker will take this matter discreetly.....your comments please......thanks

[paulp]

what i have understood from home office website is that they, at the moment, are focusing on uk life test and english language proficiency...and from their statement on the "settlement" i could interpret is that above two are crucial and one will seem to have a chance if they could get through of those (uk life test and english skills)......also i am thinking of taking chance that case worker will take this matter discreetly.....your comments please......thanks

The Life in the UK test will probably have no bearing on it as many people with passes in the test have been refused due to the gaps. There is always a chance that the caseworker will use discretion though.

[aaa123]

what i have understood from home office website is that they, at the moment, are focusing on uk life test and english language proficiency...and from their statement on the "settlement" i could interpret is that above two are crucial and one will seem to have a chance if they could get through of those (uk life test and english skills)......also i am thinking of taking chance that case worker will take this matter discreetly.....your comments please......thanks

The Life in the UK test will probably have no bearing on it as many people with passes in the test have been refused due to the gaps. There is always a chance that the caseworker will use discretion though.

thanks.....what supporting evidences would make case worker using discretion....my employer is more than keen to keep me on, the problem faced was purely because of my HR lady. Also my company is a big one like Atkins etc and my field is civil/structural engineering for which UK construction industry is facing scarcity of engineers. Moreover i am highly recommended candidate from my university teachers !!! would some one guestimate on my chances based on the details provided!!!!!many thanks

[guli]

what i have understood from home office website is that they, at the moment, are focusing on uk life test and english language proficiency...and from their statement on the "settlement" i could interpret is that above two are crucial and one will seem to have a chance if they could get through of those (uk life test and english skills)......also i am thinking of taking chance that case worker will take this matter discreetly.....your comments please......thanks

The Life in the UK test will probably have no bearing on it as many people with passes in the test have been refused due to the gaps. There is always a chance that the caseworker will use discretion though.

thanks.....what supporting evidences would make case worker using discretion....my employer is more than keen to keep me on, the problem faced was purely because of my HR lady. Also my company is a big one like Atkins etc and my field is civil/structural engineering for which UK construction industry is facing scarcity of engineers. Moreover i am highly recommended candidate from my university teachers !!! would some one guestimate on my chances based on the details provided!!!!!many thanks

Surely, from the perspective of the senior case worker, if you are "wanted" by your employer, they could always apply for a work permit extension (WPEX) for you.

[aaa123]

what i have understood from home office website is that they, at the moment, are focusing on uk life test and english language proficiency...and from their statement on the "settlement" i could interpret is that above two are crucial and one will seem to have a chance if they could get through of those (uk life test and english skills)......also i am thinking of taking chance that case worker will take this matter discreetly.....your comments please......thanks

The Life in the UK test will probably have no bearing on it as many people with passes in the test have been refused due to the gaps. There is always a chance that the caseworker will use discretion though.

thanks.....what supporting evidences would make case worker using discretion....my employer is more than keen to keep me on, the problem faced was purely because of my HR lady. Also my company is a big one like Atkins etc and my field is civil/structural engineering for which UK construction industry is facing scarcity of engineers. Moreover i am highly recommended candidate from my university teachers !!! would some one guestimate on my chances based on the details provided!!!!!many thanks

Surely, from the perspective of the senior case worker, if you are "wanted" by your employer, they could always apply for a work permit extension (WPEX) for you.

what is difference between work permit extension and ILR - i meant in my message that will i get more chances of discretion in case i m wanted by my employer.....note that on the second work permit i will be in my 3rd year when applying for ILR and claiming my 2 years from my previous work permit..thanks

[remontado]

what i have understood from home office website is that they, at the moment, are focusing on uk life test and english language proficiency...and from their statement on the "settlement" i could interpret is that above two are crucial and one will seem to have a chance if they could get through of those (uk life test and english skills)......also i am thinking of taking chance that case worker will take this matter discreetly.....your comments please......thanks

The Life in the UK test will probably have no bearing on it as many people with passes in the test have been refused due to the gaps. There is always a chance that the caseworker will use discretion though.

thanks.....what supporting evidences would make case worker using discretion....my employer is more than keen to keep me on, the problem faced was purely because of my HR lady. Also my company is a big one like Atkins etc and my field is civil/structural engineering for which UK construction industry is facing scarcity of engineers. Moreover i am highly recommended candidate from my university teachers !!! would some one guestimate on my chances based on the details provided!!!!!many thanks

HR ladies are always an issue!

[guli]

The Life in the UK test will probably have no bearing on it as many people with passes in the test have been refused due to the gaps. There is always a chance that the caseworker will use discretion though.

thanks.....what supporting evidences would make case worker using discretion....my employer is more than keen to keep me on, the problem faced was purely because of my HR lady. Also my company is a big one like Atkins etc and my field is civil/structural engineering for which UK construction industry is facing scarcity of engineers. Moreover i am highly recommended candidate from my university teachers !!! would some one guestimate on my chances based on the details provided!!!!!many thanks

Surely, from the perspective of the senior case worker, if you are "wanted" by your employer, they could always apply for a work permit extension (WPEX) for you.

what is difference between work permit extension and ILR - i meant in my message that will i get more chances of discretion in case i m wanted by my employer.....note that on the second work permit i will be in my 3rd year when applying for ILR and claiming my 2 years from my previous work permit..thanks

I really don't think they will give you more chances of discretion even if you're really really wanted by your employer.

You still have another 2 years, I presume, of valid WP and further leave to remain in the UK since you said you're in the 3rd year of your second work permit.

If any case, IO will see that you can still work for your current employer regardless of ILR being approved or rejected.

You can always apply for ILR when the 5 years is up on the 2nd work permit.

[paulp]

would some one guestimate on my chances based on the details provided!!!!!many thanks

Not very promising with the feedback we've been getting, I'm afraid.