in case of ILR refusal - change of immigration status

[VN]

Hi all

I recently applied for ILR by post, under HSMP JR pre-Nov'06 category, for myself and my partner (as dependant).
Obviously, I keep my fingers crosses and hope for the good news, but still worry that things may go wrong and I would like to explore the possibilities in advance, just to be prepared when and if the time comes.

Me, my partner and my new born twins (whom I haven't included in ILR application) all received this year a second citizenship, which is Romanian. I assume, that should we be refused ILR, we can still live & work in UK, using our second citizenship, but please correct me if I'm wrong.

My question is what do we need to do, in case if you are refused ILR without the right to appeal? Do we need to leave UK and re-enter on Romanian passports or we can stay in UK and keep on with our lives, as all we need to do is to inform HO of our new status? What about the employment? I've been working here for almost 5 years as an employee and my husband is self-employed.

I couldn't find similar situations on this forum, so I really hope I could get some answers on this

Thank you!

[VN]

any thoughts on this topic?

[Jambo]

As a Romanian, you are allowed to enter and live in the UK without the need for the HO permission. You don't need to leave the UK and re-enter even if your ILR is refused. You don't need to let the HO know about the change of your circumstances.
As your husband is self employed, you are not required to ask for permission from the HO to work. Just present the Romanian passport to your employer. See more details here.

EDIT: corrected the text in bold.

[VN]

thanks, Jambo. It's good to know that I don't need to leave and then re-enter the UK should my ILR be refused. I'm a bit confused, however, with this bit below:

As a Romanian, you are allowed to enter and live in the UK with the need for the HO permission. You don't need to let the HO know about the change of your circumstances.

Also, based on the info from the link "When you have been working legally as an employee in the UK for 12 months without a break, you will have full rights of free movement and will no longer need our permission to take work. You can then get a registration certificate confirming your right to live and work in the UK, although you do not need to do so." I assume that I'm covered and that change of status shouldn't affect my employment and I can keep being employed without the company being required to apply for yellow/blue card etc and by that creating a gap in my employment

As for my husband, who is always finding work through agencies, he may need to apply for this certificate to prove that he indeed has the right to work. Otherwise, I can't understand how the agency may know that he's been here for over 12 months and therefore exempt from getting a permit from the HO

Please let me know if I'm wrong

[Jambo]

Sorry - missed the NOT in the sentence.

As a Romanian, you are allowed to enter and live in the UK without the need for the HO permission.

Self-employed Romanian don't need permission to work in the UK from day 1 so presenting his passport to the agency should be enough. Partners of self-employed Romanians (i.e. You) also don't need to have permission to work so just have HR photocopy your Romanian passport.

[VN]

thanks!