about gaps on 4 yr WP

[dave97]

I have been here in this country for more than seven years since the first time I arrived in this country as a student in 1997. Then I had been on a student visa for 3.5 years until I got my a WP for my first job in a engineering consultancy in Aug 2001 several months before I finished my course, which was a 5 year WP from Aug 2001 to Aug 2006. Then I worked for this company for 2 years until to Nov 2003, then I transferred to another company also and worked there for 6 months from Nov 2003 to April 2004. My second employer got a 2 year WP for me from Nov 2003 to Nov 2005, and also there is no gap between these two jobs. Then I was made redundant by the second company in April 2004.

After a gap of three months, I found my third job in a engineering consultancy in East midland in early August, which the third employer successfully got me a 5 years WP again from August 2004 to August 2009. I only worked there for a month, then they asked me stay home to wait for the WP application before I could go back to work. So I stayed at home waiting for the news from Early September to Mid October. But in fact the WP for this job was granted in late August, the employer just kept the granted WP documents inside their drawers not telling me any news until finally they informed me that they decided not go ahead with my leave to remain application in Mid October. They issued me a P45 in early Nov. (I was very angry at my third company cos I feel I was totally cheated by them. And they shouldn't rejudge their need of a new engineer again during the period of my application. If they weren't sure if they need a new engineer to carry the extra workload they shouldn't give me the job offer. In fact I turned down 2 good job offers to join this company. But finally I was cheated by this company. They didn't complete the whole process and just finished in the first half. It's very unfair to me. Their random decision gave me a very bad situation in my next WP application and ILR immigration. )

As this accident of my third employment, then it forced me to take a job asap urgently, which is the current one, in a entertainment company as a financial advisor on my workpermit but the salary is stated from 18000-22000, which is far below my previous jobs. I joined my current job in Nov 2004. And just got my passport and new WP back dated in April 2005 and leave to remain stamp on my passport for three years. The fact is I have worked full time for my current employer since my frist day in the company in Nov 2004; also on that day I submit my passport and police certificate to my current employer for my workpermit application. My current employer kept paying me half of salary on my payroll from last Nov to this month, they said they will put my full salary on my payroll from next month.

I really want to find out Am I qualified for the ILR application on a 4 year WP based on the fact I have worked in this country for 4 years without a gap over 3 months(it might be a gap but it was caused by the slowness of wp application, I mean I haven't had a gap over 3 months that I wasn't employed by a company).

As some people said for the ILR application on 4 year WP, I must work 4 years on a specific/similar related professional. So will I have any trouble in my current job because I have changed my career from a stress engineer to a low-pay financial advisor position? As in next Wednesday, my previous employer will ask me return to have an interview, also another company invites me to an interview for a stress engineer position 2 weeks later. Should I really need to go back to a engineer position in the same category before I apply for ILR? But if I leave this company, it's difficult to explain the gap between last Nov to this April when I was working full time but my passport was in processed by IND? What should I do in order to secure against failure of ILR application?

All advices and suggestion are welcome. I have been worrying about my ILR application very much. Do you know any good solicitor or orgnization can apply for an ILR for the people with a similar background as my case? Anyway wish I can accept more your comments. Thank you very much!

Dav.

(PS: I am currently buying a 3 bed deteched and will get the key in 2-3 weeks. The money will be from my savings, approximate 300,000 pounds in my saving account. Will it be helpful to get ILR if I bought a house here? )

[try-one]

I don't think you will have any problems with the 4 year visa. I don't think you need to work on the same profession for the 4 years, if they granted the WP that shows you are providing a necessary service in the UK and your expertise is needed.
With 300K you could apply for an investor visa ( I think, or almost) and with that money and the PHD you could even apply for a HSMP....so, you could stop working for 22K a year and get an HSMP, work for anyone.....

[dave97]

"I don't think you will have any problems with the 4 year visa."-- what's that mean? Do you mean I will have no problem to apply for a permanent residentship (ILR) in this summer due to completing 4 years on work permit? I am not talking about workpermit or HSMP; I am talking about ILR only.

Is it better to simplify my whole thing on a list:

1) 3.5 years on a student status; from April 98-Aug 2001 (on a student visa from April 98 - April 2002)
---------------------------
2) 2 years working in an oil/gas pipeline engineering consultancy plc; from Aug 2001-Nov 2003 (on a 5 yr work permit/visa from Aug 2001 - Aug 2006)
3) 6 months working in a subsea engineering consultacy; from Nov 2003-April 2004 (on a 2 yr workpermit/visa from Nov 2003 - Nov 2005)
*** 3 month gap (from 1 May 2004-1 Aug 2004) in job hunting between the second job and the third job;
4) 1 week working in a civil/building engineering consultancy plc; from 1 Aug 2004 to 8 Aug 2004, (a 5 year workpermit was granted in Aug, from 2004 to 2009, but the employer didn't submit my leave to remain visa application. They just asked me stay home and wait for the result after my first week working for this company in Aug. Actually they didn't tell me anything until I kept ringing their sponsored solicitor in Mid October they notified me they cancelled my work permit. Then they gave a full month salary in September on a payroll and sent me a P45 in Early Nov.)
5) 5.5 months working in a betting company, from Nov 2004 - Now (passport submited on 08/Nov/2004 but only a week ago I finally received a new workpermit and new limited resident permit visa stamp on passport.) The workpermit was issue on 12/04 and the new limited resident permit visa stamp just a couple of days after, on 18/04. some of my colleagues in our group for who need to apply for workpermit, got one more piece of paper dated in early Nov from IND to prove their workpermit was granted but not allowed to work until the leave to remains were also granted. I haven't got that piece of paper yet. But anyway I worked full time since last November. And the company keeps paying me half salary on payroll and half by cash during this period. I just received this month payroll, today which still paying me half of salary. I have asked my supervisor, he said my full salary will be on my next payroll but not on this month. )

The question is:
1) Am I qualified to apply for ILR in this Aug?
2) Do I have to stay in the same working professional category? For example, if I worked 3 years as a engineer role, then I cannot work in a different profession outside engineering in the 4th year for an ILR application?
3) Should I return to work for my first employer? In ILR application, will it be advantage or disadvantage to go back to the first company or engineering related job? I think the major problem is it will be a bit harder to explain my situation to a caseworker about the period from Nov 2004 to April 2005 if I jump back to an engineering job or turn back to my first employer. And I will have interview with my first employer to discuss the salary and date for me to return on this Wednesday. Just get lost about what I should do. What is the next step I should do in order to secure getting my ILR in Aug or September?

I look forward to hearing more comments on my above concerns. Many thanks for your help.

Dav

[dave97]

"I don't think you will have any problems with the 4 year visa."-- what's that mean? Do you mean I will have no problem to apply for a permanent residentship (ILR) in this summer due to completing 4 years on work permit? I am not talking about workpermit or HSMP; I am talking about ILR only.

Is it better to simplify my whole thing on a list:

1) 3.5 years on a student status; from April 98-Aug 2001 (on a student visa from April 98 - April 2002)
---------------------------
2) 2 years working in an oil/gas pipeline engineering consultancy plc; from Aug 2001-Nov 2003 (on a 5 yr work permit/visa from Aug 2001 - Aug 2006)
3) 6 months working in a subsea engineering consultacy; from Nov 2003-April 2004 (on a 2 yr workpermit/visa from Nov 2003 - Nov 2005)
*** 3 month gap (from 1 May 2004-1 Aug 2004) in job hunting between the second job and the third job;
4) 1 week working in a civil/building engineering consultancy plc; from 1 Aug 2004 to 8 Aug 2004, (a 5 year workpermit was granted in Aug, from 2004 to 2009, but the employer didn't submit my leave to remain visa application. They just asked me stay home and wait for the result after my first week working for this company in Aug. Actually they didn't tell me anything until I kept ringing their sponsored solicitor in Mid October they notified me they cancelled my work permit. Then they gave a full month salary in September on a payroll and sent me a P45 in Early Nov.)
5) 5.5 months working in a betting company, from Nov 2004 - Now (passport submited on 08/Nov/2004 but only a week ago I finally received a new workpermit and new limited resident permit visa stamp on passport.) The workpermit was issue on 12/04 and the new limited resident permit visa stamp just a couple of days after, on 18/04. some of my colleagues in our group for who need to apply for workpermit, got one more piece of paper dated in early Nov from IND to prove their workpermit was granted but not allowed to work until the leave to remains were also granted. I haven't got that piece of paper yet. But anyway I worked full time since last November. And the company keeps paying me half salary on payroll and half by cash during this period. I just received this month payroll, today which still paying me half of salary. I have asked my supervisor, he said my full salary will be on my next payroll but not on this month. )

The question is:
1) Am I qualified to apply for ILR in this Aug?
2) Do I have to stay in the same working professional category? For example, if I worked 3 years as a engineer role, then I cannot work in a different profession outside engineering in the 4th year for an ILR application?
3) Should I return to work for my first employer? In ILR application, will it be advantage or disadvantage to go back to the first company or engineering related job? I think the major problem is it will be a bit harder to explain my situation to a caseworker about the period from Nov 2004 to April 2005 if I jump back to an engineering job or turn back to my first employer. And I will have interview with my first employer to discuss the salary and date for me to return on this Wednesday. Just get lost about what I should do. What is the next step I should do in order to secure getting my ILR in Aug or September?

I look forward to hearing more comments on my above concerns. Many thanks for your help.

Dav

[dave97]

Any reply? Many thanks...

[dave97]

Can anyone give me some advices? I am waiting for reply for a long time but haven't got any reply yet. Loads of thanks.

[Kayalami]

Certainly one of the more interesting/ unusual scenarios I have come across. Nominally I would say you should be o.k but the gaps in having job specific FLR's are of a concern (somewhat slight though) to me. That the Home Office has kept granting fresh FLR seems that they have exercised discretion at each stage and may likely do so at ILR stage. Go ahead and apply for ILR (in person) taking in the usual documentation crucially a letter from your current employer confirming your continued employment. As a by the by is your original employer still active in the market....must be very rewarding what with your lump sum savings

[dave97]

.kk

[dave97]

any more advice? I worry a lot.