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I need desperate help please please

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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naeemengineer
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Joined: Mon Sep 05, 2011 12:10 am

I need desperate help please please

Post by naeemengineer » Mon Sep 05, 2011 12:18 am

I came to this country on student visa in sept 2002. And had done my PGD in civil engineering in 2004. Then switched to Post graduate study visa in 2005.i got 1st work permit in Nov 2006 and was granted till Nov 2011. But I changed my employment and got another work permit till 2013. Oct 2008, I lost that job and I join another company and given Tier-2 in June 2009. From oct 2008 to june 2009 I did not have any work permit apart from the one which was issued till 2013.
In December 2009, I applied for a job and I been offered that job. I transferred my tier-2 to that employer but when I was about to join them they pulled out the job and they did not give me start on that job. They let home office know as well. And they curtail my visa in feb 2010. But home office never sent me any letter any thing. I paid £10 to get information about curtailment. I did let home office know about my situation and I asked for advice Since then I have been applying for jobs but all in vain in june 2011 I had applied for job and they offered me job with sponsor certificate.
Previously when ever I asked employer for work permit they did not offer me job even they did not even bother to write me a rejection letter.
I have been living in uk with my family since May2006 and I have two kids born in this country. My eldest one is was born in april 2008.
From the above I have few questions
1. Once I get sponsor number, should I apply for TIER-2
2. As you can see I have gap of employment around 2 years, when do you think I should apply for ILR. Obviously it will happen once I get the TIER-2.
Please suggest me for the most appropriate route.
If you feel that I need to see you in person do let me know please

Lucapooka
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Location: Brasil

Post by Lucapooka » Mon Sep 05, 2011 9:57 am

There is no way that you can qualify for ILR under long residence. You say you went to the UK in 2002 but then later state that you have been living there since 2006! It's a very confusing picture and you should seek urgent professional advice about your situation.

naeemengineer
Newly Registered
Posts: 10
Joined: Mon Sep 05, 2011 12:10 am

Post by naeemengineer » Mon Sep 05, 2011 10:23 am

thank you very much for time, i said i went to uk in 2002 but started living as family since 2006

Hope this will clear things for u

What grounds i have then

Lucapooka
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Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Post by Lucapooka » Mon Sep 05, 2011 10:33 am

Grounds? Perhaps not much! You have not been in possession of valid leave for a considerable period and the fact that it was originally set to expire in 2013 is not helpful as it was tied to you having a valid work permit throughout that period.

naeemengineer
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Joined: Mon Sep 05, 2011 12:10 am

Post by naeemengineer » Mon Sep 05, 2011 10:46 am

Thanks and God bless u

rbk1597
Junior Member
Posts: 83
Joined: Mon Jan 24, 2011 10:44 am

Re: I need desperate help please please

Post by rbk1597 » Mon Sep 05, 2011 11:13 am

naeemengineer wrote:
In December 2009, I applied for a job and I been offered that job. I transferred my tier-2 to that employer but when I was about to join them they pulled out the job and they did not give me start on that job.
This sounds wrong. To me this may qualify as an unfair dismissal. SO your best bet is to concentrate on this employer first. Find a good lawyer and sue them for unfair dismissal and make sure they reinstate you from the agreed start date. Given that you had reliquished yout previous job in anticipation of this one , then its unfair for them to dismiss you and close that job. They messed with your family's life. You definately have a case against them, because if that could be allowed easily, then scrupulous UKBA companies will hire immigrants to then close the jobs before they start SIMPLY just to make sure immigrants get stranded and leave the country.
If you get a good lawyer and build this case, you should aim to get redress in form of reinstatement and back pacy. That way, it means your work permit with this employer should legally be valid, hence you should have valid leave since June 2009. With that, you can build your 5ysr to ILR provided you continue in employment until May 2014.

Also what were the circumstances of your first job loss? Dint just take matters easily, you should have raised these issues long back. Now you still carry the illegal baggage of 6 months without valid leave (Oct - June) That will still haunt you when you apply for ilr, provided you get past this hurddle.
Good luck.

geriatrix
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Location: does it matter?
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Post by geriatrix » Mon Sep 19, 2011 10:46 am

naeemengineer wrote:if you have a gap of around 15 months in between your sponsors, could you able of get visa even you have one from previous but you have lost that becuse of jobs been pulled out.

new sponsor has arranged cos and now wat should be next step.

secondly is cos and ukba both interlink or both different deport?
Life isn't fair, but you can be!

geriatrix
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Post by geriatrix » Mon Sep 19, 2011 10:58 am

AIUI, you have been an overstayer since 6 months from the date UKBA approved the sponsorship termination request from your sponsor (if not earlier) and an out-of-time leave to remain application will be subject to 245HD(a).

Since you made the most recent application to UKBA, have you been living at the same address that you mentioned in that application?
Last edited by geriatrix on Mon Sep 19, 2011 1:14 pm, edited 2 times in total.
Life isn't fair, but you can be!

naeemengineer
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Joined: Mon Sep 05, 2011 12:10 am

Post by naeemengineer » Mon Sep 19, 2011 11:53 am

I have moved from the address which ukba has on it's system but now they have it because my sponsor apply cos on my name and address at the same i have informed ukba of change of adddress

geriatrix
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Post by geriatrix » Mon Sep 19, 2011 1:11 pm

So how can you claim that UKBA never sent you a letter informing you about curtailment of your leave? They need a "current" address to ensure that any letter(s) they send reaches you. Right?
Life isn't fair, but you can be!

naeemengineer
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Posts: 10
Joined: Mon Sep 05, 2011 12:10 am

Post by naeemengineer » Mon Sep 19, 2011 1:25 pm

every problem has the solution, tell me if this problem has any solution?
please
i did not go illigal intentionally, it's the circomstances which has happened to me
i never lied, not i have any conviction. i been living clean in this country


let me know if you have any solution.
please

rbk1597
Junior Member
Posts: 83
Joined: Mon Jan 24, 2011 10:44 am

Post by rbk1597 » Mon Sep 19, 2011 6:32 pm

naeemengineer wrote:every problem has the solution, tell me if this problem has any solution?
please
i did not go illigal intentionally, it's the circomstances which has happened to me
i never lied, not i have any conviction. i been living clean in this country


let me know if you have any solution.
please
You have not commented about my solution that I offered above

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