Limited Leave to remain

[hassan2012]

In 2007, I have been granted limited leave to remain for five year under refugee category till Aug 2012. In January 2008 I got permanent job but my boss put on my contract as temporary unless my leave to remain extended or I will lose my job for the time I am waiting reply from the Home Office. I am stressed and NOT sure what to do as time flies.

I would appreciate your advice and help.

Thanks,
Hassan

[geriatrix]

Waiting reply from Home Office regarding what?


regards

[hassan2012]

I mean the gap between my current visa expire and applying the extension for further leave to remain.

[John]

Not sure I understand. Why would you delay your next visa application until after the expiry of your current visa? Clearly you would apply for a new visa before the expiry of your current one.

[hassan2012]

Yes, that is right and I cant apply no more than 28 days before my visa expiry. In addition it could take time and my employer will NOT agree to employ me for that reason I can lose my job.

[John]

What sort of visa do you have? Discretionary leave to remain?

[hassan2012]

No, I have Refugee visa.

[geriatrix]

For extension you cannot apply any earlier than 28 days before expiry of your current leave, and for settlement you cannot apply any earlier than 30/31 days before expiry of current leave.

Either way, I believe this is something you need to sort out with the employer explaining to them that Home Office doesn't allow you to apply for extension any earlier. And at that time (when your current leave expires), you'll probably be eligible for settlement (protection route) if your circumstances do not change!

IMHO, tread with a caution as a request for early application for extension may trigger an in-depth review of your refugee status.



regards

[Mr Rusty]

In 2007, .........I will lose my job for the time I am waiting reply from the Home Office.

Thanks,
Hassan

This simply shouldn't happen. You should refer your employer to section 3.3c of the Immigration Act 1971, which says:-

3C Continuation of leave pending variation decision.(1)This section applies if—.
(a)a person who has limited leave to enter or remain in the United Kingdom applies to the Secretary of State for variation of the leave,.
(b)the application for variation is made before the leave expires, and.
(c)the leave expires without the application for variation having been decided..
(2)The leave is extended by virtue of this section during any period when—.(a)the application for variation is neither decided nor withdrawn,.
(b)an appeal under section 82(1) of the Nationality, Asylum and Immigration Act 2002 could be brought [F2, while the appellant is in the United Kingdom] against the decision on the application for variation (ignoring any possibility of an appeal out of time with permission), or.
(c)an appeal under that section against that decision [F3, brought while the appellant is in the United Kingdom,] is pending (within the meaning of section 104 of that Act)."


If he sacks you without having regard to this you have a case for unfair dismissal.