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Question about Letter from Employer for PR

Posted: Wed Nov 23, 2016 9:57 pm
by amlliwi
Hi All,


I am about to apply to PR as non EEA national on the 9th of December wich is the date of the 5th anniversary of my civil partnership. My partner (italian) is moving to Spain in January and the letter we have from his employer here in London says that his last day with the Company will be December 1st, this leaves a gap of about 1 week from the date he leaves his current job and the date I will send the application. My question is :

-Can this 1 week gap be a problem falling 1 week short for the 5 years?
-Should I no include the letter?

Thank you so much in advance for your advice and comments.

Re: Question about Letter from Employer for PR

Posted: Thu Nov 24, 2016 12:14 am
by noajthan
amlliwi wrote:Hi All,


I am about to apply to PR as non EEA national on the 9th of December wich is the date of the 5th anniversary of my civil partnership. My partner (italian) is moving to Spain in January and the letter we have from his employer here in London says that his last day with the Company will be December 1st, this leaves a gap of about 1 week from the date he leaves his current job and the date I will send the application. My question is :

-Can this 1 week gap be a problem falling 1 week short for the 5 years?
-Should I no include the letter?

Thank you so much in advance for your advice and comments.
What is purpose of trip?
If it is temporary then explain it.
if it is permanent then its a different kettle of fish although it shouldn't matter assuming your confirmation of PR is confirmed at first attempt.

Re: Question about Letter from Employer for PR

Posted: Thu Nov 24, 2016 1:08 am
by amlliwi
noajthan wrote:
amlliwi wrote:Hi All,


I am about to apply to PR as non EEA national on the 9th of December wich is the date of the 5th anniversary of my civil partnership. My partner (italian) is moving to Spain in January and the letter we have from his employer here in London says that his last day with the Company will be December 1st, this leaves a gap of about 1 week from the date he leaves his current job and the date I will send the application. My question is :

-Can this 1 week gap be a problem falling 1 week short for the 5 years?
-Should I no include the letter?

Thank you so much in advance for your advice and comments.
What is purpose of trip?
If it is temporary then explain it.
if it is permanent then its a different kettle of fish although it shouldn't matter assuming your confirmation of PR is confirmed at first attempt.
He is leaving for good, can that 1 week gap be a real problem?,

Re: Question about Letter from Employer for PR

Posted: Thu Nov 24, 2016 9:32 am
by noajthan
amlliwi wrote:He is leaving for good, can that 1 week gap be a real problem?,
It could be.

So you appear to have one shot at confirming PR and then your sponsor is gone.

You need to submit evidence of sponsor's continuous exercise of treaty rights for 5 years in one or more category of qualified person.
That means you have no back up plan or recourse if HO does play hard ball.

Re: Question about Letter from Employer for PR

Posted: Thu Nov 24, 2016 12:38 pm
by amlliwi
Isn't there an allowed Gap?. What about the 6 months outside the UK?. I am very nervous now that one week gap can rally jeopardized the application :? .

Re: Question about Letter from Employer for PR

Posted: Thu Nov 24, 2016 12:45 pm
by noajthan
amlliwi wrote:Isn't there an allowed Gap?. What about the 6 months outside the UK?. I am very nervous now that one week gap can rally jeopardized the application :? .
A few days gap may or may not be overlooked. Without someone on the inside its hard to say.

Yes, a resident may spend up to 6 months out of country without breaking continuity of residence. But clearly your partner has no plans to be a resident anymore.

Otherwise if not working sponsor could possibly show they are self-sufficient.

If all goes well then all good you have the holy grail of PR status and your partner is immaterial in future.
The point is if you slipup on any aspect of the application and its refused then you have no sponsor to revert to to continue sponsoring you in UK.

Re: Question about Letter from Employer for PR

Posted: Thu Nov 24, 2016 7:23 pm
by Wise
Home office doesn't need all this explanation at this stage,by the space of 6 month which the law permit your Pr is already issued. The only problem you may face is if you are unable to provide the 5 year treaty right of your spouse and some proof that you both have relationship, you're still married then application will fail/appeal.

However,the issue of 1 week is irrelevant, submit the form and if the form is given you headache use old form is still accepted now, don't panic for nothing it's simple things and good luck.

Re: Question about Letter from Employer for PR

Posted: Mon Nov 28, 2016 4:19 pm
by amlliwi
Thank you all ! I guess I won't include the letter,I will send paylslips and bank statements till the last payment day before submitting the application, signed contract and I'm also including a history of employment letter for HMRC, hopefully this will be enough.