Break in employment for ILR

[anotheruser]

Hello house,

I'm really hoping that someone will be able to help with my question on here.

First job
Work permit (IED) issued in September 2007
FLR for this work permit successful in October 2007, to expire in October 2012

Second job
Work permit issued August 2008. Started work mid September 2008 as IED said that I could
Applied for FLR February 2009
FLR successful in March 2009

Since the first work permit, I have remained employed and have not travelled out of the UK.

Does anybody think that I qualify for ILR under the 5 work permit route in February 2013? Do I have any chance of being successful? I'm certain that I meet all other requirements, but not sure about this one.

Any help is appreciated.

Thanks a lot.

[wpilr_nov12]

On what basis are you considering Feb 13?

Where is job gap?

Any other issues/problems?

[anotheruser]

On what basis are you considering Feb 13?

Where is job gap?

Any other issues/problems?

Thanks wpilr_nov12.

I'm considering Feb 2013 on the basis that I have been employed on work permits for more than 5 years, 2007 till now. I'm still employed and needed by my employer.

As I didn't apply for FLR for my second work permit until 6 months after work permit was approved, I'm not sure if there will be a problem with ILR application in Feb.

Thanks

[wpilr_nov12]

Did you change employers between two work permits?

[anotheruser]

Did you change employers between two work permits?

Yes, my second work permit was for another job with another employer.

[anotheruser]

It would be great if I could get some help regarding my query here. If anyone knows somebody who has had a similar experience to mine, please let me know on here.

Just to summarise my query, over the 5 year qualifying period if I apply in Feb 2013, I have had two employers, resulting in 2 work permits. My first FLR on a work permit was issued in October 2007 When I got my second work permit in August 2008 to work for another employer doing a similar job, I was informed that I must apply within 6 months for an FLR, so I applied in the 6th month. I still had a valid leave which would expire in October 2012 at that time.

Do you think that I have a beak in lawful continuous period if I apply for an ILR on the 5 years WP holder route in Feb 2013? I have not been outside of the UK over these 5 years.

Thanks a lot.

[wpilr_nov12]

...., I was informed that I must apply within 6 months for an FLR, so I applied in the 6th month. I still had a valid leave which would expire in October 2012 at that time.

Thanks a lot.

Who told you that? Do you have a copy Of that communication if that came from UKBA?

[anotheruser]

Thanks for replying, wpilr_nov12.

It was stated in the Immigration Employment Document (IED) that the Home Office sent to my employer. The document was passed on to me and I used it to apply for a new FLR. I still have the document with me.

Thanks a lot.

[cs95tdg]

It was stated in the Immigration Employment Document (IED) that the Home Office sent to my employer. The document was passed on to me and I used it to apply for a new FLR. I still have the document with me.

It would help if you could possibly copy the relevant text from that document here, to comment further. Was it by any chance the following document & what is mentioned under point 197 on page 20 that you are referring to?

197. Individuals should normally submit their FLR applications as soon as possible following notification that the work permit application has been approved and in any event before their current leave expires or within six months of the date of approval of the work permit, whichever is sooner.
http://webarchive.nationalarchives.gov. ... de0408.pdf

[anotheruser]

Thanks cs95tdg.

Here are some paragraphs from the immigration employment document:

This letter of permission to work is an immigration employment document that can be used by [my name] in making an application for leave to remain. It is not a work permit and cannot be used in making an application for entry clearance.

...

[my name] must now obtain leave to remain for the purpose of this employment (but see below). This applies even if he already has leave to remain for some other purpose or some other specified employment. This application must be made by completing form FLR (IED). ...

...

[my name] should make this application for leave to remain before current leave to remain expires or within six months from the date of this letter, whichever is sooner. ...

...

While this letter does not confer leave to remain for the purpose of this employment, [my name] may now start work for you pending the outcome of leave to remain application.

Thanks a lot.

[anotheruser]

Gurus in the house, please help!

I found this very interesting topic:

http://www.immigrationboards.com/viewto ... sc&start=0

Is it still true that as long as break in employment in the UK is not more than 6 months, the period will be disregarded for the purposes of ILR?

Someone please help in your own time.

Thanks a lot.

[cs95tdg]

This is what I understand based on the information you have posted:

Your First Employer WP Issue date: September 2007
Your First Employer WP FLR date: October 2007
Your First Employer WP LTR expiry date: October 2012
Your Second Employer WP Issue date: August 2008
Your Second Employer WP FLR date: March 2009 (Applied February 2009)
Your Second Employer WP LTR expiry date: ?

Now reading the following point (stated in the employer guidance I provided) and also the text you have quoted, there is one potential issue I see. From what you have stated you left your first employer and started working for your second employer in September 2008. But technically you did not have FLR under that WP at that time, as your FLR application was not submitted until February 2009 & it was not granted until March 2009.

The reason is because each FLR is tied to an individual WP & one employers FLR grant does not necessarily entitle you to work for another employer, under a different WP, IMO. But you may want to wait for others who are more knowledgeable on the subject to comment.

199. The person should not commence work until they have received approval for further leave to remain against the work permit decision, unless at the time the application was made the person had leave to enter or remain in an immigration category that permitted them to take full time employment with you in the United Kingdom; and the application was submitted prior to the expiry of any previous leave to remain here.

While this letter does not confer leave to remain for the purpose of this employment, [my name] may now start work for you pending the outcome of leave to remain application.

[cs95tdg]

Gurus in the house, please help!

I found this very interesting topic:

http://www.immigrationboards.com/viewto ... sc&start=0

Is it still true that as long as break in employment in the UK is not more than 6 months, the period will be disregarded for the purposes of ILR?

Someone please help in your own time.

Thanks a lot.

The section in the latest guidance to read on "breaks in employment, which don't result in a break in continuous residence" is on page 13: http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Where the applicant has a break in employment and applies for further leave as a Tier 2 migrant or a work permit holder to work for a new sponsor or on a new work permit within 60 days of the end of the employment with the previous sponsor or permitted employer, such a period may be disregarded for ILR.

[anotheruser]

Many thanks, cs95tdg.

I see what you mean, but what about the fact that they said then that I "should" apply for an FLR within 6 months?

[my name] should make this application for leave to remain before current leave to remain expires or within six months from the date of this letter, whichever is sooner. ...

and the fact that when I applied in February 2009, my application was successful in March 2009, without them asking why I started work before submitting the FLR application. I submitted my payslips (3 months I think) that showed that I had already started working for the employer.

This is really confusing... with what I've said above, can I ask the caseworker to exercise their discretion on this matter?

By the way, I am still working for the second employer.

[cs95tdg]

Many thanks, cs95tdg.

I see what you mean, but what about the fact that they said then that I "should" apply for an FLR within 6 months?

[my name] should make this application for leave to remain before current leave to remain expires or within six months from the date of this letter, whichever is sooner. ...

and the fact that when I applied in February 2009, my application was successful in March 2009, without them asking why I started work before submitting the FLR application. I submitted my payslips (3 months I think) that showed that I had already started working for the employer.

This is really confusing... with what I've said above, can I ask the caseworker to exercise their discretion on this matter?

By the way, I am still working for the second employer.

1) The first point you mention is correct. But it doesn't indicate that you can start working for that particular employer before your FLR grant. I.e. the statement needs to be read along with the other information available. Logically what would make sense to me is that you would be allowed to work for the first employer until such a date that your second FLR was granted. But that's just my personal opinion, based on my interpretation of what I've read in the guidance link.
2) Now this second point is what confuses me as well. If the UKBA knew that you had already started employment with your second employer before your FLR was granted, then this would appear to indicate that you were not in breach of your terms of LTR at that time (& were indeed allowed to do so before the FLR granted). Is there anyone at your current work place (may be immigration firm they engaged?) who would be able to clarify your immigration status during that particular time period.

[anotheruser]

cs95tdg, I really appreciate your time.

I will ring the home office tomorrow and ask them to confirm what my immigration status was at that time.

Just to mention that having looked at my appointment letter for my current job, before starting to work for them, my current employer said that "following guidance from the Borders Agency, the [company] will exceptionally permit you to commence work if a letter granting a work permit has not been obtained by your intended start date. "

Thanks a lot for your time. I'll update the house on what the home office outcome is tomorrow.

[anotheruser]

Hi

I couldn't get through to the UKBA today. I'll keep trying and if I manage to speak to someone, I'll update the house of the outcome.

Thank you very much again cs95tdg and wpilr_nov12 for you time.