Query regarding ILR

[juz]

Hi,
I have been on a work permit for 5 years and my work permit is expiring in March.

I am eligible for ILR.
My question is, does my employer need to apply this for me? As my work still exisit, so is there legally they can refuse to pay for my ILR and ask me to do it myself?

If they refuse, is this legal?

If they refuse, is it straight forward for me to apply myself directly.

Your help / advise would be appreciated.
Thanks

[wpilr_nov12]

Your employer does not have to apply for you - this is your application and they have no part in it, except:

Your employer needs to give you a letter stating

• that you are being paid at or above the SOC table rates for your job,
  that you will be employed by them in the foreseeable future.

If your employer is willing to do this, nothing to worry about.

You just need to check what your SOC code is, find out what salary is listed there, and go from there.

You do not have much time to prepare. So I would suggest you spend quite a bit of time reviewing this board, and posting questions if you are not sure.

It is very straightforward for a lot of people.

Have you done Life In the UK test? If not, get it done right away.

Download SET O form from UKBA website, and work your way through it.

Do some research on PEO booking, if you want to apply in person (preferred method for a lot of people).

[juz]

Thanks for your reply.

What if the codes and pay does not reflect to what i am being paid? Will it be an issue if am paid less?

I thought that my employer had sponsered my intitial work permit, and for me to continue working for them, they would be liable of sponsoring my ILR?

I have done Life in UK already.

My visa expires on 13th March, when is the earliest I can apply for ILR. I will doing this for myself and 3 dependants (wife and 2 children)

Thanks

[wpilr_nov12]

Thanks for your reply.

What if the codes and pay does not reflect to what i am being paid? Will it be an issue if am paid less?

Do you mean that you have never been paid at least what is stated on your work permit? Are you currently paid above the SOC table?

I thought that my employer had sponsered my intitial work permit, and for me to continue working for them, they would be liable of sponsoring my ILR?

Once you get your ILR, you do not have to be employed by them any longer. They are not sponsoring your ILR, just confirming that your employment will be needed into the foreseeable future. Read SET O form for more.

I have done Life in UK already.

Has your wife done it too

My visa expires on 13th March, when is the earliest I can apply for ILR. I will doing this for myself and 3 dependants (wife and 2 children)

Please provide the following details for more help -
Did you get your WP visa stamp in UK or overseas?
What date?
If overseas, when did you enter UK on WP visa?

Were your children born in UK? If yes, do they currently have visa as your dependent? Not having visa is perfectly fine if they were born in UK.

[juz]

I have not checked the SOC table, can you provide the correct link, as there are too many roles when I had checked last time.

No, I am paid higher to what was stated in my original work permit, which was issued in March 2008. I am just not sure that the SOC table Job description and it pay would be higher to what I am being paid now.

Yes my wife has done her Life in UK test.


Did you get your WP visa stamp in UK or overseas? Overseas
What date? 13th March it expires, thats what it states on the Visa
If overseas, when did you enter UK on WP visa? I entered on 15th April 2008

Were your children born in UK? If yes, do they currently have visa as your dependent? Not having visa is perfectly fine if they were born in UK.

Both my children are born in UK. Both have overseas passport.
My elder child has a dependant visa, but my younger daughter has no visa. Hope this wont have any problem for her for ILR?


[/list][/quote]

[juz]

Hi,

can someone please reply to my post please
Thanks

[CR001]

If you have no travel plans, you don't have to include either of your children in the ILR application because they were born in the UK. Once you get your ILR, you can apply to register them as British Citizens on MN1.

[juz]

Thanks for your post.

Both my daugther have forgein passport but elder one has a dependant visa, which expires the same time as mine.

My younger one has no visa, as she has not travelled.

Both of them are born in UK.

Can I still not include them?
If not, will my elder daugther be illegal as her dependant visa would have expired.

Thanks

[juz]

Posting this again as am tensed and worried
=============================

Hi,
My work permit was applied when I was outside UK.
Then it was posted to me and I applied for my visa in 2008.

The expiry date on my visa is 13th March 2008.
WP was for 5 years.

I entered UK on 15th April 2008.

When can I apply for my ILR?
If its from the date of entry, it would be after 17th March, but my visa would have expired?

Can you please advise.
Thanks

[CR001]

No, you don't have to include either of them in your ILR application and the child who has the visa will not be an overstayer or illegal because she was born here and can register as BC on MN1. Doesn't matter if they have foreign passports.

[juz]

Thanks alot.

Can you help with my above post as well please

Thanks

[CR001]

Not too sure how the WP works, but it is either 28 days before your visa expires or 28 days before your meet 5 years of when you first entered the UK. Maybe wpilr_nov12 can clarify

[cs95tdg]

OP, if you first entered (15th April 2008) the UK within 3 months of your WP EC date (?), then you will be eligible to apply from upto 28 days before the 5th anniversary from your WP EC date.

[wpilr_nov12]

This reply is for this OP only who is on a tight timeframe- and therefore the rules and requirements are not explained here - future or other readers are advised to look at their own situations.
1. See earlier responses about your kids.
2. You can apply on any day between 13 Feb and 13 march.
3. If you want to apply in person, you need to book a PEO appointment for SET O application with one dependent. Booking is free and you just need your and wife's name and date of birth.
4. You need to immediately start looking for appointment slots at the UKBA website as it can be very difficult to come by.
5. You are on a very tight timeframe if you want a worry free application.
6. Download and read and start filling the SET O form from UKBA website.
7. You need to let your employer know what you will be needing from them.
8. What are your absences like?

[juz]

Many many thanks for your response.
I really appreciate.

Since coming on 15th April, I have not travelled outside UK, so zero absence.

I am planning to travel in August 2013 with my family, so was thinking of adding both my kids to the ILR? Will this be a good idea?

I am sorry to ask again but just want to clarify this - What is EC?

So even though if I apply between 13 Feb and 13 march, I wont be completing 5 years from the time I entered UK, that is 15th April, this means it would not be an issue for me and I will be OK applying between these dates.

As most posts I read, was stating if I got my visa outside UK then my 5 years starts from the date of entry which would be April 15. According to your reply, this wont have an issue on me.

I am planning to apply via post, so hopefully between those dates I can post my application.

What about Biometrics? Do I need to do this before hand, or Home Office will send me info once I submit my documents?

Apologies for so many question, but I am getting the best response from here. Many thanks

[wpilr_nov12]

EC is entry clearance or visa stamp date.

If your plan is to apply by post in March, you might be risking your aug travel plan.

Why do you want to post?

[juz]

There is a chance my company would apply for me, and this would be done via post.
The company solicitors have told me that i should get a response within 6 - 8 weeks and would be OK to travel in August.

Ok, so I can sleep well tonight and not worry about my 5 year stay date
The reason I asked this was I was informed today by a friend, that I would be breaching my visa, and I would need to apply for WP extension, then once I get that, then apply ILR, as I was not meeting my 5 year stay from 15th April, as visa expiry date on my passport is 13th March.

Thanks

[wpilr_nov12]

Is your company paying the application fees? And the same for your wife/children too?

If not, what role would they be playing in it since all you need from then is one letter.

[juz]

To be honest I am in discussion with them now and awaiting their response if they would sponsor / pay for myself and wife / children.

If its a Yes, then the company solicitor would do this via postal application.
If not, then I will have to do it myself.

I cant talk to the solicitors until I get an approval from my company, hoping for a response by Tuesday.

If they dont agree, what kind of letter do I require?
Also, my WP states my job desc as Solaris Project Engineer, can you help me to send me the link of the codes which matches mine.

Although my pay is not huge, but I get on-call allowance, can this be included as part of my pay?

Thanks

[wpilr_nov12]

My suggestion is to have a plan B, register on Ukba website and start looking for appointment for Set o with one dependent right away. Maybe start looking right now.

[wpilr_nov12]

I am also surprised that you were not able to get clarification on your eligibility dates from the company solicitors.

[juz]

Thanks. Will do.

Is there less chance of getting ILR if I do via post? Or is it that it would take a long time?

Also, would appreciate if you can tell me about what is required in the letter and my job code. Please.

Thanks for all your help.

[juz]

Hello,

Sorry for asking again, can you help me with the Job code link I need and also what kind of letter is required from my company. What all is required for them to write.

Once I have this, then first thing tomorrow morning I can chase this up as am running out of time.

Many thanks

[wpilr_nov12]

See this re letter http://www.immigrationboards.com/viewtopic.php?t=76413

[juz]

Many thanks.

Final one please, if you can provide correct link for the SOC codes please.
Thanks again.