Delay in joining from one VISA to anoher is delaying ILR

[deccan changers]

I am a nurse who came to U.K on Work permit in Feb 2003 and started working in London (NHS), But as i realised it is better to move to a cheaper place so that i can buy a house and start my life here. I started applying in other hospitals and luckily i got an interview in September in Manchester (NHS) and in the interview i mentioned the panel i will only be joining in Feb 2004 but in the NHS application form that i filled long ago (july 2003) it says joining time 1.5 months.

After my interview the hospital applied for a workpermit and visa which was stamped on October 2003 and i send out letter on 21 Nov 2003 of acceptence of job and joining date as Feb 2004 which was already discussed with the interview panel. The H.R didn't had any objections as they mentioned that for the CRB clearance and Occupational health it will take min 1-2 months and along with that we had our contract of the house that we were renting out in London hence we mentioned joining date as Feb 2004.

But when i went for ILR after 5 years (March 2008) homeoffice is saying that when visa is issued in October for Manchester(NHS) hospital why was i working in London (NHS) till Feb. They say you are supposed to join the other job within 30 days. The staff took the application,passport, and related paper saying that some other team will be doing an inquiry on this.

But as a new comer to this country it should be the responsibility of the hospital to mention it to us to join before the said date, as to they know the law better than us.
Atleast the homeoffice should have sent a letter to the London hospital saying that this particular nurse's visa has been cancelled as of October 24th hence she shouldn't be working anymore, these option would have made my present situation avoidable. I would greatly appreciate any suggestions

[PaperPusher]

Hello deccan changers

You will just have to wait. Did you go to the PEO?

The home office does not send out letters like that, if you think about it you will see why. You could have left the country & comeback with entry clearance as a spouse for example.......... They would have to investigate what you are doing before sending out a letter to say you cannot work for the old employer. That is a lot of resources when it is your responsibility to comply with the conditions of your stay.

Your employer could have been more helpful though.

If the worst comes to the worst, can you get an extension to your work permit (if you need one) and apply for ILR in February 2009?

Good luck, you could get a positive result.

PP

[deccan changers]

Yes i went to the PEO and paid 950Pound after that they told us that they need to investigate.

Now i have got a letter from home office asking to send 2 letters

1. Letter from my first employer stating my last date of employment

2.From my current employer mentioning the reason of my joining in Feb 04 when the visa was issued in Oct 03 for me.

i have got the letter from my present hosp. they have written that this date would have been agreed with me ;enclosing a copy of my acceptance letter where i have written the joining date as Feb 04(as i had mentioned in the interview).

Apparently the staff who has written this letter is the same staff with whom i spoke over phone a month back regarding this issue.at that time she said that they usually sent all applications for WP together and for police clearance and occupational health clearance it takes time anyway.i was very confident that she will mention this in the letter for home office,but unfortunately she hasn't.

I am thinking that may be the home office needs proof so that they can decline our application, hence they want the last date of employment and joining of employment with hospitals.

Now i am really worried about the whole issue as theres no written proof in my hand to show them that i have clearly mentioned in the interview that i will only join in Feb 04.

Regards