ILR SET M - POSTAL APPLICATION

[raj1405]

Hi All,

I have applied set M ILR and received an acknowledgement from UKBA dated on 14.09.12, no further correspondanse from the UKBA; meanwhile, I've accepted a job offer and resigned my job as advised by my prospective employer but during thier employment checking service verification, the UKBA responded to them that it cannot confirm my work status because of an outstanding application.

So, now my prospective employer is not only allowing me to commence my job but also threatening to withdraw the offer, therefore not only me but my wife is also unemployed because we were planning to relocate where I suppose to work and resigned. I've provided all my previous employers details including salary slips etc, and I was the main source of my household income.

I also explained the above circumstance and requested the UKBA to speed up the process but no response yet.

Will current status of me being unemployed (because of the immigration status) have negative impact on complying with financial requirements to my application being approved?

Can anybody advice me on this suituation, your opinions are appreciated.

Regards

[John]

raj1405, what was the expiry date on your spouse visa? That is, did you apply for your ILR before the expiry of your spouse visa?

If the answer to that is yes then I am appalled by the comment you have received from UKBA, because you have "Section 3C protection". That means that the spouse visa is "treated as continuing" even though its stated expiry date has passed. That is, you are not an overstayer, and still have a valid visa.

The Scetion 3C protection lasts until UKBA issue the ILR visa, or if the application is rejected, then until the deadline date for appealing against that rejection, and further extended if an appeal is lodged.

Will current status of me being unemployed (because of the immigration status) have negative impact on complying with financial requirements to my application being approved?

I would put it another way. If you do not get the job because of UKBA incompetence, sue them!

However if the ILR application was submitted after the expiry date of the spouse visa, then UKBA's comment is totally understandable, because in that circumstance you would have no Section 3C Protection.

[raj1405]

raj1405, what was the expiry date on your spouse visa? That is, did you apply for your ILR before the expiry of your spouse visa?

If the answer to that is yes then I am appalled by the comment you have received from UKBA, because you have "Section 3C protection". That means that the spouse visa is "treated as continuing" even though its stated expiry date has passed. That is, you are not an overstayer, and still have a valid visa.

The Section 3C protection lasts until UKBA issue the ILR visa, or if the application is rejected, then until the deadline date for appealing against that rejection, and further extended if an appeal is lodged.

Will current status of me being unemployed (because of the immigration status) have negative impact on complying with financial requirements to my application being approved?

I would put it another way. If you do not get the job because of UKBA incompetence, sue them!

However if the ILR application was submitted after the expiry date of the spouse visa, then UKBA's comment is totally understandable, because in that circumstance you would have no Section 3C Protection.

Hi John,

Thanks for your comments.

My existing visa was expired on 25.09.12 but have posted application on 10.09.12 and received acknowledgement by 14.09.12.

However my prospective employer is concerned about the civil penalty though I had produced a solicitor's letter that confirms my current work status while my application is being considered, produced copies of my wife's passport, child's passport and cohabitation related documents etc.

Will this section 3C excuse my prospective employer from being prosecuted for hiring me? any comments from solicitors or experts are sincerely appreciated.

Best regards

[John]

Have a look at this UKBA document.

I think Section 3C needs to be drawn to the attention of the employer, either by yourself or by your Solicitor.

Clearly as you have a current visa there is no question of a civil penalty.