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Permission to work in the UK - late ILR application

General UK immigration & work permits; don't post job search or family related topics!

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markwilks2005
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Posts: 2
Joined: Mon Sep 24, 2012 1:35 pm

Permission to work in the UK - late ILR application

Post by markwilks2005 » Wed Sep 26, 2012 4:40 pm

I need some urgent advice and was hoping someone could help.

I am a South African who moved here in 2001 on a working holiday visa (spent some time back home during the first 2 years), changed to Ancestry Visa in 2003 and extended this in 2007 as the visa was for 4 years and the residency period for ILR had changed to 5 years.

I realised on Thursday that my visa expired on Wednedsay. I thought it was due to expire on 01/10/2012 as that was the date of my old one, but I hadn't checked. It was the 19/09/2012. I was sitting my life in the UK test on the 22nd. I took the test, sent all the forms off with a covering letter explaining my oversight and begging for discretion.

I am now waiting to hear from the UKBA. I have another problem - my employer know about my situation and have suspended me. I have a hearing on friday where the likely outcome is that they will dismiss me if I cannot prove I have the right to work in the UK. I have worked there for 9 years and they don't want to, but they also do not want to fall foul of any UKBA sanctions for employing people without permission to work.

I found an employment Tribunal where the judge ruled that the person had the right to work in the UK as a spouse of an EEA national regardless of the stamps in her passport. I am unfortunatlely married to a British citizen so it appears I am not automatically entitled to stay and work here.

I am not looking for some legislation that says as a Citizen of a Commonwealth country with UK ancestry I have the right to be here and work too. I'm not sure if this exists.

Is there any way to speed up an ILR application? As it was out of time I was told I could not make a public appointment so it had to go by post.

Is there any situation where the UKBA can grant the right to work in the UK while an out of time application is pending? My family literally cannot afford for me to be out of work, we could lose everything.

I have made a huge mistake here, but need to try to do anything that I can to get myself out of this situation.

Any hep would be appreciated. Warning to anyone considering ILR - MAKE SURE YOU DO IT IN TIME!!

markwilks2005
Newly Registered
Posts: 2
Joined: Mon Sep 24, 2012 1:35 pm

So

Post by markwilks2005 » Thu Sep 27, 2012 3:45 pm

I guess from the fact no one has replied that I pretty much should expect to attend the hearing tomorrow morning and accept my fate?

Any advice would be appreciated.

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