Urgent advice needed Work Permit & FLR(IED)

[robdel100]

I would be very grateful for advice. My wife is an Indian Citizen, (I am British) she has been in the UK since May 2003 under the work permit arrangements. A problem has just come to light; we have a lovely 16 month old daughter and I am petrified that my wifes immigration status will be threatened by a stupid mistake.

In 2005 my wife obtained a new job and her employer applied for and received approval from Work Permits (UK) for an Immigration Employment Document for 60 months. In the letter sent to the employer (a copy was given to my wife) it says ' NAME must now obtain leave to remain in order to take up this employment. This applies even if she already has leave to remain for some other purpose or some other specified employment.'

My wife did NOT do this and it seems she had to do it within 6 months of the date of that letter. I was stunned to discover this, any help would be really appreciated, thank-you very much. (Please note she has a residence permit to stay in the UK until Aug 2008, but I don't know if this is relvant to my question).

[egg yolk]

Dear friend,

Issuance of an Immigration Employment Document (IED) does not allow the employee to commence employment until Entry Clearance (FLR) is approved. Her previous Leave to Remain is of no value once a new IED is issued and a new FLR is a must for every new IED.

I dont know what bearing your present circumstances will have on your wife's immigration history. I dont even know what step you should take to resolve this matter.

However I am certain there are plenty of helpful memebers on this board who will provide suggestions.

I wish you and your family all the very best.

EY

[robdel100]

Thanks very much egg yolk for your kind comments.

If anyone can help please let me know as I don't know where to start.

[robdel100]

Please could someone reply, its been over 24 hours and no-one has helped yet!

Thank-you.

[PaperPusher]

robdel100

It is a problem as you can see from the letter. Could your wife apply for entry clearance abroad if the worst came to the worst?

She isn't eligible for ILR after 5 years because she will not be able to provide all the documents needed for the application.

Please note that these IDIs are out of date, but you get the point.

In considering applications for indefinite leave in this capacity, caseworkers must be satisfied that the applicant:
• has spent a continuous period of 4 years here in this capacity;
• is still engaged in the same employment; and
• has met the requirements of Paragraph 131 throughout the 4 year period;

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

You both have options, but it is too late for that letter to be used. Please also note that your wife's leave could have been curtailed (cancelled) if the employer sent in the Notification of Premature End of Employment for her as they should have done. The employer could have had a compliance visit too - same possible result.

She could go abroad to get entry clearance, or get her current employer to apply again for that letter and then she could apply for leave on FLR(IED). IMO going abroad seems quickest & safest. Please note that there are changes coming for overstayers - do a search on this board.

The employer under the old section 8 legislation only has to check eligibility to work at the point the person starts work. They are not in the wrong because she was able to work for them. The letter should say that it is her responsibility to apply.

Maybe some other people will have more ideas.

Sorry to have bad news.

Regards

PP

[robdel100]

Thank-you from the bottom of my heart PaperPusher for taking the time to write.

I hope you don't mind clarifying some points for me. Do you think it would be realistic to contact the HO and be open with them? Also if my wife went to India to get entry clearance, do you know what this would involve and how long it might take? Regarding the Notification of Premature End of Employment, is it certain that the employer would have been notified if my wife had applied for FLR and been granted it back in 2005? (Sorry to sound really disorganised but my wife does not remember applying for FLR and we can't find any confirmation that she did). I think her employer would be supportive and reapply for the letter but this would alert the HO that she has been working all this time without FLR. Finally is it an option for my wife to switch to a 'married' visa as I am a UK citizen.

Thanks very much, its a very worrying time and you gave some much needed support and help

[robdel100]

I am assuming PaperPusher that when you suggest that my wife apply for entry clearance from India, it is because she is in effect working here illegally without FLR. Is this the case and if it is, is she potentially at risk of deportation? Our daughter has a British passport, so I assume she would not be deported as well? This is awful.

[bani]

Yes, your wife can apply for a spouse visa being married to a UK national. Or she could have a work permit having a sponsor. If she had been here legally, those options would be straightforward. The problem is that she has been here illegally because she no longer followed the terms of her visa by changing employers.

I think you should approach an immigration lawyer because this is such an unusual case. If she goes back to India, she might be refused a visa and not be able to return.

Your daughter can stay because she is a UK citizen and has the right to live here.

Good luck to your family.

[robdel100]

Thank-you very much indeed Bani for your comments and kindness. It is unthinkable for the three of us to be seperated.

If you could help me with this point I would be very grateful as I need to rule this point in or out.

If my wife had applied for FLR in 2005 for this job would the employer have been notified of this?

Thank-you very much for your compassion.

[bani]

Thank-you very much indeed Bani for your comments and kindness. It is unthinkable for the three of us to be seperated.

If you could help me with this point I would be very grateful as I need to rule this point in or out.

If my wife had applied for FLR in 2005 for this job would the employer have been notified of this?

Thank-you very much for your compassion.

I don't think the employer is notified at all of FLR. I think they are only notified of the WP. And in this case, they assumed your wife went through with the FLR. My own employer asked to see my FLR.

[robdel100]

Thank-you very much again bani.

If anyone else can help, please do.

If anyone can recommend an Immigration lawyer could you please let me know.

Thanks.

[robdel100]

I am really sorry everyone to be a pain but please help us if you can.

[robdel100]

For further information, I think I should post the following:

In 2007 my wife applied for ILR/Settlement (we misinterpreted the rules) and this was rejected. My query is, if she has not applied for FLR with the job from 2005 that I described earlier, would this not have been detected when she applied for ILR? When the ILR application was declined my wife just received the standard letter and nothing else since.

Any help would be really appreciated, thank-you.

[purplepple]

you can try the sponsor of this site: workpermit.com

i can also suggest the immigration consultant used by my employer: mysmoothgroup.com

(i hope it is allowed in this forum to paste a link of a competitor.)

[robdel100]

Thanks very much purplepple, I will follow these up very soon, thanks again.