Need some advice regarding ILR

[daredevil]

Hi all,

I need some advice/guidance regarding an issue. I will explain the situation.

I came to UK in April 2003 on a Work Permit which was valid for a year. I was in UK till December 2003 and then went back to India. I came back again in August 2004 with a new work permit. In January 2007 I accepted an offer from a company who was willing to sponsor a new WP for me. So I joined them and found that they didn't even have applied for my WP. So I asked them to apply for it which they did. For some reasons it took 4 months for the WP to come. Meanwhile I continue to work for them. So finally when my WP came, I send it for the FLR and it got refused and because of which I had to leave the country (in August 2007). I got a new WP and came back to UK in September 2007. This year in April I completed 5 years but obviously with some issues. So I want to know if it is worthwhile trying for ILR. If not then how long should I wait for? I mailed Home Office as well just to check if they can advice me but according to them each case is handled differently and it is on the discretion of the case worker. And in case if I apply and it gets rejected, does it mean that my current Work Permit status will still be valid ?

Further to above, I also thought of putting up a case against my last employer since I feel that they also committed an offence according to the Immigration and Asylum Act. So I went to few solicitors but no one was too positive. I also went to citizen advice bureau; they gave me an advice that if the claim is not too much, I can do it myself using short claims court. So I thought of claiming for my loss which I had to incur because of them. I went through this route and the notice was sent to the company and they had certain time to respond. They didn't respond and because of which the case was in my favour and a warrant was executed against them. I guess after this they realised it and send a request to the court to set the judgement aside based on few things which I feel were not relevant at all.

Anyways, there was an initial hearing in the month of March where I went and there was a solicitor from the company's side. The judge gave us 6 weeks to do an out of court settlement, if an out of court settlement doesn't happen then I have 4 weeks to decide if I want to take the case further.

When the initial 6 weeks were going to end (may be 10 days left), I got a letter from the company's solicitor where they were still not accepting the liability but also offering me some money which was just too less as compared to my original claim. So I refused and send them a letter again. I was accepting a letter from their side before the end of the 6th week but it didn't happen. But few days back, I received another letter from them where they have rejected my claim and have kind of threatened me (at least I felt so) that if I proceed with the case further, I will be liable for their cost (which I know). I did reply to them again rejecting their offer and have given them few days to reply. I still haven't got the reply. Now I want to know what should I do with the case ? Should I proceed further or drop it? I myself feel quite positive about it since they have broken an immigration which I am sure court will find out as well. Also they can't say that they weren't aware of my immigration status since I have few correspondences from them by which it can me proved that they knew about my immigration status. I am looking for some professional advice as well and will be grateful if someone can recommend a solicitor.

Waiting for a reply.

Regards,

[PaperPusher]

Hello daredevil

I don't think you have completed 5 years (60 months) in the UK as a work permit holder according to your info:

April 2003 to December 2003 - 10 months
left the UK
August 2004 to January 2007 - 31 months
then you were working illegally for a bit & left the UK again
September 2007 to date - 9 months

Which is a grand total of 50 months. Even if you add in the time after your employer got permission from WPUK after 4 months you don't get up to 60 months. UKBA know that you worked illegaly otherwise they would almost certainly not have refused your application for further leave to remain in the UK.

There is also the big problem of the gaps in your leave. You may have to wait a while.

Anyway, you seem to be blaming your ex employer for your situation, but you should not have started the job without permission. They should not have employed you of course.

From the Immigration Act 1971 about illegal entry and similar offences

Immigration Act 1971

24.——(l) A person who is not patrial shall be guilty of an offence punishable on summary conviction with a fine of not more than £200 or with imprisonment for not more than six months, or with both, in any of the following cases : —
(a) if contrary to this Act he knowingly enters the United Kingdom in breach of a deportation order or without leave;
(b) if, having only a limited leave to enter or remain in the United Kingdom, he knowingly either—
(i) remains beyond the time limited by the leave; or
(ii) fails to observe a condition of the leave;

Their offence could get a fine, yours six months in prison & a fine on top. You committed an offence too

If you want a solicitor try the Law Society website (for England & Wales)

You could also try the OISC advisor search on their website http://www.oisc.gov.uk

Getting refused ILR won't cancel your current leave.

See the IDIs about settlement

[try-one]

Hi daredevil,
As paperpusher explained, you had two WP breaks, each one restarted your ILR clock. If you manage to continue with a valid EC then you could apply for ILR insept 2012.

Regarding your legal battle....this is very strange, you are taking to court a company that broke the law and allowed you to break the law. if you put things into perspective, you were illegally working in the uk for 4 months!. It is not relevant if the company made a mistake or tricked you, the important part is that you could not start working for an employer until you have a valid FLR; ignorance of the law is no valid reason to break it.

Now I want to know what should I do with the case ? Should I proceed further or drop it?

It would be better for your ILR if you drop the case

I myself feel quite positive about it since they have broken an immigration which I am sure court will find out as well. Also they can't say that they weren't aware of my immigration status since I have few correspondences from them by which it can me proved that they knew about my immigration status.

That's exactly the reason why you should be careful. Yes, they did break the law, it is very easy to prove, you just need to use your passport and documentation as evidence. However, you are also providing proof that you broke the law.