Limited Leave to Remain Application

[jilly cooper]

Hi all. Just wondering whether anyone can give me a vague idea what is the difference between applying for the Limited Leave to Remain in person or in post. What I mean is its difference in terms of appeal and refusal/approval. Also, can a Limited Leave to Remain be refused if a WP has been issued?

I posted my problem before and the HO approved the WP based on the employer's explanation. However, I am just a bit worried about the Limted Leave to Remain as the WP team said, if my first Limited Leave to Remain (which would expire August 2008) has been curtailed, the Limited Leave to Remain team will refuse my application. When I spoke to my employer, the one who gave me the WP for the first time in 2004, they contacted the HO after I left which means my first Limited Leave to Remain might have been curtailed. If this is the case, do you think the HO might use discretion with my case or they will just reject and deport me? Am I entitled for an appeal if that would be the case?

Anyone who experienced this kind of problem? Or anyone want to share their thoughts? I am really jittery and anxious. Thanks!

[Frontier Mole]

What type of leave are you applying for?
When did you apply for it, during WP period or after you left emplyment?

[PaperPusher]

hello again jilly cooper

From your last posts you said that you stopped working for your employer that you had permission to work for in December 2004 and that you worked for three other employers without permission since then. The most recent employer has now applied for permission for you to work for them.

You employer can get a work permit & then you be refused leave to remain - I explained that it was a two stage process.

There is no difference applying in person or by post except that in person at the PEO is much quicker. You are unlikely to be able to apply in person because your case is not straight forward & you have been working without permission for quite frankly a long time. By post would probably the only route in the UK. There would be no difference in your appeal rights.

If the worst comes to the worst your employer could apply again for a work permit and you could apply for entry clearance.

I do not see what discretion you think the HO should use - you have been breaking the conditions of your leave for a very long time.

I know that your employer let you work for them without permission which is wrong and breaking the law, but that does not mean you have no responsibilities.

Good luck with whatever route you try. Let us know how you get on.

Regards

PP