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Work permit - approve date and Start date issues

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 3:21 pm

Work permit - approve date and Start date issues

Post by selva » Tue Apr 03, 2012 4:36 pm

Hi All,
many people(including me) are having issue in WP as employer asked to start work as soon as work permit get approved, despite the fact that Work permit document says that we should not start before getting leave to remain unless allowed to work in current category. Employees don't get the opportunity to see the documents for few months(UKBA->Agent->Company->Employee). most common occurrences are student visa and starting work full time.

Is anyone refused ILR for this issue? I am aware of wording the employer letter mentioning only work permit visa (leave to remain) date. This is clearly an employer mistake and why should employee get punished for employer mistake?

any comments?

Thanks

kumar17
Newbie
Posts: 47
Joined: Wed Dec 28, 2011 8:43 am

Post by kumar17 » Mon Apr 09, 2012 4:27 pm

Selva,

I am in the same situation? I have been told in the forum to only stick to you r work permit start date.

would be interested in knowing others response

brakesh
Newbie
Posts: 40
Joined: Thu May 12, 2011 9:02 am
Location: United Kingdom

Re: Work permit - approve date and Start date issues

Post by brakesh » Mon Apr 09, 2012 7:23 pm

selva wrote:Hi All,
many people(including me) are having issue in WP as employer asked to start work as soon as work permit get approved, despite the fact that Work permit document says that we should not start before getting leave to remain unless allowed to work in current category. Employees don't get the opportunity to see the documents for few months(UKBA->Agent->Company->Employee). most common occurrences are student visa and starting work full time.

Is anyone refused ILR for this issue? I am aware of wording the employer letter mentioning only work permit visa (leave to remain) date. This is clearly an employer mistake and why should employee get punished for employer mistake?

any comments?

Thanks
hi,
i am in similar situation. i started with my employer way before my work permit. first i started as part time and then full time until i got my work permit approval and visa. before i got work permit i was on student visa. My employer has written of my start date after work permit date. i have appointment this week. will update as soon as i get the ILR.
Regards,
BR

Smam
Senior Member
Posts: 697
Joined: Fri Feb 17, 2012 7:55 pm
Location: London

Post by Smam » Tue Apr 10, 2012 12:42 am

Hi Selva

I've replied to Kumar17 in my post to him that just use your WP start date that's all it doesn't really matter and if they'll ask you then tell them that you started working for the same employer before getting your WP on part time basis while you were in student visa and you're fortunate enough to get a job offer and the WP, and just have the same discussion with your employer as well so that both you and your employer stays on the same page when it comes down to the information you're providing to the HO CW. They'll not kill you for that come on just be confident.

Lets face it that if you know some thing you've done in the past is wrong I would advice you that in that case you should better know how to hide it other wise you have to ready to face the concequences of your wrong doings of the pasts.

They'll not refuse the ILR on that basis to the best my knowledge. But just think and decide and then take the action appropriately not taking the action first then deciding if the action is right or wrong and then thinking about it regreting it.

Please do kindly share your PEO experience with us on the forum.

Good luck for your ILR.

YOGESH_80
Newly Registered
Posts: 9
Joined: Wed Feb 29, 2012 2:42 pm

Post by YOGESH_80 » Tue Apr 10, 2012 8:05 am

I am facing a similar issue. But i think it should not be an issue as even if you start work before getting your limited leave to remain, you are still permitted to work 40hrs a week (if you are on a student visa). So you have techinically not broken the law.
To be on a safer side you could always give your start date after the limited leave to remain date.

Please post your experience for the benefit of other members

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thermalboyz
Newbie
Posts: 41
Joined: Tue Jan 18, 2011 2:03 am

Post by thermalboyz » Tue Apr 10, 2012 11:35 am

Hi all, i am in the same situation where i start work in July 07(on student Visa), then received my WP in Aug 07 then i applied Leave to Remain after that (Received visa Oct 07).

Summary - Start work student visa (July) > WP application received (Aug) > Leave to Remain received (Oct)

I am concerned that there was 4 months from start work until i received WP Visa on my passport. Does this period considered not legal and when i apply my ILR the officer might find this issue where it might lead to ILR reject.

Are there anything i can do with my employer to match up the story if it is necessary?

Your comments and experties are much appreciated. Thank you

kumar17
Newbie
Posts: 47
Joined: Wed Dec 28, 2011 8:43 am

Post by kumar17 » Tue Apr 10, 2012 1:32 pm

This is very useful. I would stick to the start day of the WP.

The only issue is that in the last 6mths I have got my employer to submit Technical change of employment notifications twice (company name change, job title) and each time they send the HO a letter with the start date I had as a student. Not too sure if this could be a problem e.g. ILR letter having a different start date to the date mentioned in previous letters HO have from my employer.

I will stick to Smam's suggestion.

Appointment in liverpool next month. will keep everyone updated.

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