ILR Enquiry/Advice for a friend

[ribena]

Hi all,
Need advice here on behalf of my friend and her husband.
Both have work permit and the husband's employer has stop paying tax for him and he only have pay slip till Jan 08. Both still have work permit but the husband is working for another company without transferring the permit.

They wanted to apply for PR (I assume it is the same as ILR?) coming this June as it would be their 5th year in the UK.

Now, the problem is they were woried that they might be kicked out of the country as they husband's employer stop paying tax.so they hire a barrister which cost them thousand of pound and till now, the barrister has not even submit their application.They hire the barrister since Jan 08.

Their questions are:
1. Can they apply for ILR despite the problem with the husband employer?
2. What are the chances of a refused application?
3. Docs checklist in the SET(O) mentioned pay slip.. is it a must for them for attached it?

Appreciate any advice at all.


p/s: for those who read my post on eea fp b4, im the uk now with my husband. arrived 4 days ago with no problem at the heathrow immi. and i got a job already., starting june 2nd! woohooo! now.. we need to find a proper place to live for eea2 application

big thank for everyone advice b4.

[Frontier Mole]

Wife will be fine.
Husband will have a problem.

He is now working illegally and is an overstayer as his WP was for a company he no longer works for.

The tax issue is a waste of time and money - do not pursue using a lawyer, that is good money after bad. Contact HMRC to resolve, they will do something if it can be done.

He needs to get a WP, if he qualifys, with the new company. ASAP!!

[ribena]

Hi Frontier Mole
thanks for the prompt reply.
Really the wife will be fine? She told me her WP is dependent WP from her husband.

Is there any other way for the husband? What if the ex employer willing to give a letter saying he is *still* in employment? I know it is not the right thing to do.. but it does came up during the discussion.

or can the husband transfer the WP to the new employer? can it be done??

[Frontier Mole]

Forget I ever said the wife will be fine - if she is a WP dependent then nothing is fine.

If only the whole story was known

He is jobless and has no employer to submit a letter to UKBA to support his ILR. He will not be granted ILR

He needs to get himself another WP with a new employer ASAP. Transfer can be done but there are a huge set of regulations and conditions based on country of origin, work role, rate of pay etc.

See link to UKBA site.

http://www.bia.homeoffice.gov.uk/workin ... rkpermits/

I am against any illegal activity or the use of deception. There is no way the previous employer will give him such a letter as they are putting themselves at a massive risk. Getting ILR using deception and then being found out will result in removal and a 10 year mandatory ban from the UK.

[ribena]

thanks.. will inform my friend..
have told her to join this forum so she can provide a clearer pic

thanks for all the advice!