ILR on 5 year WP with 2 months to go!

[pjoshi007]

I need some serious advise as my case is a bit complicated.

I have a girl 19 yr old (Came to the UK when she was 11) and 3 kids born here (8year old and 5 year old Twins)

I have lived in the UK since 2005.

2005-2009 as a student 2009-current (WP)

I am currently on a 5 year WP which runs out in Feb 2014. My stay with this company has been very difficult as this employer has always threatened to pull the WP if I said a word. A lot of my wages are still due and I was never paid in accordance to my contract. Now when I asked him to pay my dues as I wouldn't otherwise have enough money to pay my home office fee he has threatened again to dissolve the company and pull the WP.

What are my options if:

1) The Employer dissolves his company before Jan 2014 (When I become eligible for ILR)
2) Can I apply on Humanitarian grounds
3) Can I apply on the basis of my son being born and raised here for 7 years.
4) What happens to my daughter?

I would really appreciate your expert replies. I have relied on this site since 2005 when I first came to the UK. I hope I will get similar support this time too.

God Bless and Thanks in advance.

Poonam

[Amber]

What is the immigration status of your partner if you have one? Have you considered that not be able to prove you're working, wage slips, may be an issue for your ILR? You can consider staying on with the job until you become eligible for PEO ILR, what category are you in exactly? It may be that if you score enough points in the preceding 12 months that may suffice without the need to stay so long as you are considered economically active. Then once you have ILR you can consider taking action against your employer for withholding wages etc.. bare in mind tribunal appeal time limits and costs. If the company goes insolvent at such time, you can approach the National Insurance Fund to help get back some of the money owed. You may also want to consider a pay day loan (if you are desperate) for you and your oldest daughter’s ILR (and partner?). Remember that the children born in the UK will be entitled to register as British as soon as you are granted ILR, so consider this against extending their stay.

If, for example, you were not eligible for ILR then you can consider exception 1(a)(i)(cc) and may be granted further leave to remain until such times as you can apply for ILR (long residence – 10 years).

Your oldest child should, again if not eligible for ILR with you, fall within the remit of 276ADE(v) and may be able to apply for further leave, again until such time she is eligible for ILR (long residence – 10 years).

If you do not intend to travel with the born in the UK children, they will be entitled to register as British once either parent is granted ILR or they have lived in the UK from Birth for the first 10 years of their lives subject to small absences. You can apply for ILR from 28 days before you have completed the required period.

[silentsmile]

Amber please reply on my thread im still waiting please its veryyy urgent