HO visit/raid confusion

[CULLINAN]

@zimba88

Thank you very much for your valuable and prompt answer.

I have a situation please can you let me know my options.

I am married since last 8 months now in UK. My wife has a refugee status in UK and is due to apply for ILR in 3 weeks that is start of October. (Completing her 5 years)

I know ILR application can take upto 6 months.

We only have our religious marriage done. Have not registered our marriage under UK law as yet.

Ideally I want to stay on my tier 1 visa (I pray i get it!) as I have been in UK since 2010 and swicthing to spouse visa will result in the ILR counter to start from zero (please correct me if I am wrong).

Given the uncertainty of the tier 1 extension, in worst case scenerio what options do I have to switch to spouse visa? Can my wife sponsor me? Can i switch to spouse visa while my second application is in process? Will that break my continous residency for ILR purpose? What are the requirements in this case?

What will be my options in this particular scenerio?

Any advice from zimba88 or any member will be highly appreciated.

Thank you

This is not the correct sub forum to ask spouse visa questions. Please post such questions in the Immigration for Family Members (click) sub forum.

Thank you I have moved the question to the relavant sub forum for further advice.

[CULLINAN]

Hello members,

Update: I applied in Dec 2016. HO visit interview in Sep 2017 still awaiting decision. I am sole director of my company and also on the employee payroll of the company.

Today I received an immigration enforcement letter (dated OCT 2017) addressed to my company which starts with this line:

“As a result of joint working with other government agencies, the home office has information to indictae that you have been employing (my name) and that he/she may not have permission to be in the UK and work”

Following:

“What you should do wher an employee states they have an application outstanding to the home office”
If (my name) currently has permission to work and before this permission expires submits a further application to the HO which would also provide the right to work, or if their permission has already expired but they submitted the application prior to expiry, he/she may continue to be employed by you while their application is being considered”

If you are satisfied that this application has been made to the HO and has not yet been determined, you will need to contact Employer Checking Service within 28 days of (my name)’s permission expiry to verify he/she has a continuing right to work. A fresh positive verification notice will provide you with a new statutory excuse from paying a penalty. Advice about how to contact ECS is available at........”



Question:

I understand, as many members before have reported to receive this letter, it is a generic letter.

Do I have to take any action while my case is still pending with HO? Do I have to carry out an ECS check?

If yes, how to do that?

Please advise.

Any member’s response will be highly appreciated especially the ones who already received this letter before.

Many thanks

[Emirates]

Yes you can do Ecs check but if are a sole director then a company secretary or employee(double check) can do ecs check on your behalf but Ecs check i presume would be done in your company name as you cannot work or any other company cannot do Ecs check on you. It is safe to do it to cover yourself but we all are covered under section 3(c). So dont worry

[CULLINAN]

Thank you for your reply.

I am the sole director and also the secretary of the company.

Plus I received this letter after 10 months of applying.

So I am wondering if I should do an ECS check on myself now or just ignore it because I am covered under section 3c. The letter states “within 28 days of expiry of leave”. In my case its already been 10 months of expiry.

[CULLINAN]

I have searched the forum and did not find the exact answer I am looking for.

I understand that there is nothing to worry and this is a generic letter and I am covered under section 3c.

Please can someone tell me if I have to carry an ECS check on myself or just ignore the letter?

I am a sole director on my company’s payroll.

I have not found the answer to what is the right action.

@zimba88
@CR001
@marcnath
@any other member

Thank you

[zimba]

There is no need to do ECS on yourself. Your right to live and work in the Uk continues under Section 3C. Ignore the letter

[CULLINAN]

There is no need to do ECS on yourself. Your right to live and work in the Uk continues under Section 3C. Ignore the letter

Thank you