ILR Refused - Not worked for 6 months

[navneek]

Hi Friends, My ILR was refused on 5th Feb 2013.

Refusal Reason: I was not employed between 26/Apr/2010 until 27/Aug/2010. I dont have right to appeal against this decision because my current visa is still valid to stay in this country).

My employer updated a wrong employment end date on SMS (Sponsorship Management System) with UKBA, But my actual end date with that employer is 10/Sep/2010. I have payslips, bank statements, P45, but UKBA is not considered these evidence.

I have informed the employer about this and they accepted that this was mistake by them and rectified the error(Updated the SMS with correct date).

Now I am a lost sheep, I dont know where to run. Please help me.

[Lucapooka]

Make a new application.

[suis]

Hi Friends, My ILR was refused on 5th Feb 2013.

Refusal Reason: I was not employed between 26/Apr/2010 until 27/Aug/2010. I dont have right to appeal against this decision because my current visa is still valid to stay in this country).

My employer updated a wrong employment end date on SMS (Sponsorship Management System) with UKBA, But my actual end date with that employer is 10/Sep/2010. I have payslips, bank statements, P45, but UKBA is not considered these evidence.

I have informed the employer about this and they accepted that this was mistake by them and rectified the error(Updated the SMS with correct date).

Now I am a lost sheep, I dont know where to run. Please help me.

oh its sorry to hear that, i am not sure why you can't appeal against this decision ? cos u had all the evidence and now your employer corrected with SMS , will wait for our seniors to comment here ,

[Lucapooka]

i am not sure why you can't appeal against this decision ?

Because he still has extant leave. That's why and how he can re-apply.

[navneek]

I am not entitled to appeal this decision because Section 82 of the Nationality Immigration and Asylum Act 2002 does not provide a right of appeal where and applicant still has leave to enter or remain in the United Kingdom and so is entitled to sty here.

Before I goto Sheffield PEO for application I have never imagined I will endup on this trouble. It may happen to anybody who worked under Tier2 or WP in the past. Please be aware.

[navneek]

I am going to consult the Solicitor to demand compensation from my employer for my loss, I have lost £1377 as application fee and travel expenses to Sheffield. Because of the employer mistake I landed in trouble, it caused me financial loss , mental pressure.

If I reapply ILR, I am not sure whether UKBA will know the updated end date which is recently corrected by employer on SMS. My immigration consultant says it takes months to be updated in all UKBA system. The caseworkers dealing with Same day applications will not know the recent update on SMS.

I dont know what to do.

[Lucapooka]

I dont know what to do.

I am going to consult the Solicitor .

Okay, that's all sorted then. Next customer in line, please!

[navneek]

@Locapooka, Hi, are you trying to making comedy out my case??

[Obie]

Well you can also write to UKBA and ask them to reconsider their decision.

Firstly the Payslips you gave them was not considered.

If they had considered it, there would have been 2 outcomes, either they will challenge the validity of it, and confirm the authenticity of these documents, and they would have realised, it was a mistake on the part of your employer, or say they are fraudulent and impose a ban for 10 years.

The fact that it was not considered is something worth fighting over.

You could threaten a JR, and send a pre-action protocol.

I doubt you can sue the employer, when updating the SMS is not part of your contract with them, and they could not have envisaged this happening.

I cannot see any malicious intent on their part.

[Gagan1986]

I am going to consult the Solicitor to demand compensation from my employer for my loss, I have lost £1377 as application fee and travel expenses to Sheffield. Because of the employer mistake I landed in trouble, it caused me financial loss , mental pressure.

If I reapply ILR, I am not sure whether UKBA will know the updated end date which is recently corrected by employer on SMS. My immigration consultant says it takes months to be updated in all UKBA system. The caseworkers dealing with Same day applications will not know the recent update on SMS.

I dont know what to do.

It is correct, it can take months for UKBA to update their system. The best option probably will be to send an update straightaway and then send your ILR application via post. As it can take 6months for application to make a decision and by that time hopefully your issue will be updated. Goodluck

[Lucapooka]

@Locapooka, Hi, are you trying to making comedy out my case??

No, I absolutely believe that the random comments garnered on this forum are no substitute for proper legal assistance. By indicating that you intend to take professional advice, you have clearly identified the best solution to your problem and I was agreeing with your wise decision.

Only you can decide how much your settlement in the UK is actually worth to you personally.

[wpilr_nov12]

Book another appointment at Solihull immediately. Get some consolation from MeganJane case on this forum. Although her was incorrect application of Policy, you can get ideas from there.

[navneek]

@wpilr_nov12, Can you refer or provide the link to the thread discussing her MeganJane case? Please.

[Gagan1986]

Solihull will be a good option as you don't risk on losing the money. But do remember the outcome will be the same if the UKBA's systems are not updated.

[navneek]

Yes Gagan1986 ! you are right, it doesn't matter which PEO you go, the situation will be same if the UKBA system is not updated with recent change.

[Gagan1986]

It has happened to me earlier where I sent details to UKBA as my position, salary and employers address changed, it took them 4 months to update that on the system and was stopped at immigration when coming back from holidays.

[cs95tdg]

the link to the thread discussing her MeganJane case? Please.

You can use the search facility on this site to find posts by login name or other search criteria.
http://www.immigrationboards.com/viewtopic.php?t=123664

[Kevin24]

@Locapooka, Hi, are you trying to making comedy out my case??

Lucapooka knows better,what he is talking about.He is only trying to help you.

[Subirajd]

Hi There, I am sorry to hear about your application. How or what prompted the CW to check this detail. Did They ask for your emloyment history?

[Ish51]

Very sorry to know this. Have you applied under Tier 1 / Tier 2?

[JoeLawerence2]

I know this is a zombie thread, but just wanted to ask a relevant question.

Do the case workers refuse ILR for Tier 2 holders if there is a gap more than 60 days between employment. I have heard mixed responses on this forum, but would like to know the definitive answer.

Many Thanks.