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ilr

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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girlpower19818
Newbie
Posts: 49
Joined: Sun Mar 21, 2010 9:26 pm

ilr

Post by girlpower19818 » Sun Mar 21, 2010 9:55 pm

hi all, new to the site.

my friend came to the uk with a work permit from company X, 6 months later she changed jobs to company Y. she never told them she needed a work permit and went on to work for them. it is the same job but different companies. she will be due to apply for her ilr in a few months. i keep telling her she will have problems but she thinks i am worrying for nothing. she has travelled overseas a few times and had no problems coming back hence do not think the old company informed home office that she no longer works for them.

now, my ILR is due 03/2011 and i am so stressed about the ever changing rules. i feel like i am going paranoid and keep checking home office web site every day, not sure if i can keep going like this without breaking down. my friends say even if there is a dramatic change in rules, it normally takes months to implement and there might be transition periods. anyone else going through this. :

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Post by Wanderer » Sun Mar 21, 2010 10:02 pm

If your friend has done as she said she's no chance of ILR, more like deportation.
An chéad stad eile Stáisiún Uí Chonghaile....

girlpower19818
Newbie
Posts: 49
Joined: Sun Mar 21, 2010 9:26 pm

Post by girlpower19818 » Sun Mar 21, 2010 10:13 pm

thanks for the reply.
as you can see from the last paragraph, i am ever worrying and not sure if she will believe me anywhere.
i will probably have to let her try and find out the hard way.
as for me will have to keep my fingers crossed about the changing rules.

nksg
Senior Member
Posts: 653
Joined: Wed Mar 12, 2008 1:55 pm

Re: ilr

Post by nksg » Mon Mar 22, 2010 10:46 am

For your ILR , i think you should be fine as to what i know (from the forums) citizenship will be starting from July 2011. And there is a 2 year grace period for citizenship for all the prople who get ILR before July 2011.

There are lots of topis on this forum .. on this.
girlpower19818 wrote:hi all, new to the site.

my friend came to the uk with a work permit from company X, 6 months later she changed jobs to company Y. she never told them she needed a work permit and went on to work for them. it is the same job but different companies. she will be due to apply for her ilr in a few months. i keep telling her she will have problems but she thinks i am worrying for nothing. she has travelled overseas a few times and had no problems coming back hence do not think the old company informed home office that she no longer works for them.

now, my ILR is due 03/2011 and i am so stressed about the ever changing rules. i feel like i am going paranoid and keep checking home office web site every day, not sure if i can keep going like this without breaking down. my friends say even if there is a dramatic change in rules, it normally takes months to implement and there might be transition periods. anyone else going through this. :

Syed6229
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Posts: 15
Joined: Mon Jan 04, 2010 10:39 am
Location: London

Re: ilr

Post by Syed6229 » Thu Mar 25, 2010 2:44 pm

Hi
It is clearly breach of rule , so no chance at all



girlpower19818 wrote:hi all, new to the site.

my friend came to the uk with a work permit from company X, 6 months later she changed jobs to company Y. she never told them she needed a work permit and went on to work for them. it is the same job but different companies. she will be due to apply for her ilr in a few months. i keep telling her she will have problems but she thinks i am worrying for nothing. she has travelled overseas a few times and had no problems coming back hence do not think the old company informed home office that she no longer works for them.

now, my ILR is due 03/2011 and i am so stressed about the ever changing rules. i feel like i am going paranoid and keep checking home office web site every day, not sure if i can keep going like this without breaking down. my friends say even if there is a dramatic change in rules, it normally takes months to implement and there might be transition periods. anyone else going through this. :

Pierrot95
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Posts: 166
Joined: Fri Jan 23, 2009 9:07 am

Re: ilr

Post by Pierrot95 » Thu Mar 25, 2010 3:33 pm

girlpower19818 wrote: now, my ILR is due 03/2011 and i am so stressed about the ever changing rules. i feel like i am going paranoid and keep checking home office web site every day, not sure if i can keep going like this without breaking down. my friends say even if there is a dramatic change in rules, it normally takes months to implement and there might be transition periods. anyone else going through this. :
Can anyone speculates on this? What is likely to happen if the Conservatives win? What are they planning to do? What can they legally do?
For instance, the July 2011 starting date for implementing the new rules isn't set in stone, is it? They might change this to Apr 2011, or Nov 2010.

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girlpower19818
Newbie
Posts: 49
Joined: Sun Mar 21, 2010 9:26 pm

Re: ilr

Post by girlpower19818 » Fri Jun 18, 2010 12:52 am

girlpower19818 wrote:hi all, new to the site.

my friend came to the uk with a work permit from company X, 6 months later she changed jobs to company Y. she never told them she needed a work permit and went on to work for them. it is the same job but different companies. she will be due to apply for her ilr in a few months. i keep telling her she will have problems but she thinks i am worrying for nothing. she has travelled overseas a few times and had no problems coming back hence do not think the old company informed home office that she no longer works for them.

now, my ILR is due 03/2011 and i am so stressed about the ever changing rules. i feel like i am going paranoid and keep checking home office web site every day, not sure if i can keep going like this without breaking down. my friends say even if there is a dramatic change in rules, it normally takes months to implement and there might be transition periods. anyone else going through this. :
update on my friend. she went to appy for her ILR 4 weeks ago in person. she was asked why she had ever held one work permit as she has clearly worked for two employers. she was asked to leave her documents and they will get back to her.
Bless her, she still does not understand why she needed to get a new work permit when the old one had not expired.
i know people have said she has no chance of getting ilr (not told her this as i do not want to kick her when she is down already), what should she do now?, i mean her options besides waiting for the rejection letter from home office. is it too late to get solicitor involved or there is no point
she is still working and as i work for the same employer, how much trouble are there in for employing her in the first place.

senthil78
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Re: ilr

Post by senthil78 » Fri Jun 18, 2010 9:28 am

girlpower19818 wrote:
girlpower19818 wrote:hi all, new to the site.

my friend came to the uk with a work permit from company X, 6 months later she changed jobs to company Y. she never told them she needed a work permit and went on to work for them. it is the same job but different companies. she will be due to apply for her ilr in a few months. i keep telling her she will have problems but she thinks i am worrying for nothing. she has travelled overseas a few times and had no problems coming back hence do not think the old company informed home office that she no longer works for them.

now, my ILR is due 03/2011 and i am so stressed about the ever changing rules. i feel like i am going paranoid and keep checking home office web site every day, not sure if i can keep going like this without breaking down. my friends say even if there is a dramatic change in rules, it normally takes months to implement and there might be transition periods. anyone else going through this. :
update on my friend. she went to appy for her ILR 4 weeks ago in person. she was asked why she had ever held one work permit as she has clearly worked for two employers. she was asked to leave her documents and they will get back to her.
Bless her, she still does not understand why she needed to get a new work permit when the old one had not expired.
i know people have said she has no chance of getting ilr (not told her this as i do not want to kick her when she is down already), what should she do now?, i mean her options besides waiting for the rejection letter from home office. is it too late to get solicitor involved or there is no point
she is still working and as i work for the same employer, how much trouble are there in for employing her in the first place.
At worst, she will be probably asked to leave the country and her employer will be fined for employing without valid work permit (This is employer responsiblity to get WP for an employee). This is what should happen as per rule, I don't get surprise even if her application is approved. Because, I don't understand on what basis the case worker apply discretion now a days.

oldno7
Newly Registered
Posts: 25
Joined: Mon Apr 19, 2010 11:20 am

Post by oldno7 » Wed Jun 23, 2010 12:28 am

"All applications for indefinite leave to remain and British citizenship received before earned citizenship is introduced will be dealt with under the current system."

Good information article on citezenship rules for 2011:

http://www.immigrationmatters.co.uk/mig ... he-uk.html

girlpower19818
Newbie
Posts: 49
Joined: Sun Mar 21, 2010 9:26 pm

Post by girlpower19818 » Fri Jul 16, 2010 6:19 pm

update on my friend first. home office refused her application as pple thought they would and she has an appeal hearing end of next week

now the company have been made aware about these issues they are now on alert. so got a visit from my manager today wanting to see my leave to remain. I have entry clearance not leave to remain and he did not seem to understand this as he had brought leave to remain copies to compare. they obviously did not look the same.
now I have been suspended from work till they can check with home office if I am allowed to work. so stressed and it don't help that it is Friday today and I can not do anything till Monday.
I am now even doubting my self and thinking what if the entry clearance is fake and is there a way of checking this. I have been in and out of the country a few times would this not have shown? but again my friend had been in and out of the country as well. :cry: :cry: :cry: :cry: :cry:

geriatrix
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Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?
United Kingdom

Post by geriatrix » Fri Jul 16, 2010 7:08 pm

If you have been issued a leave to enter (EC applied from outside UK) that lasts 5 years (e.g. EC granted on basis of a 5 yr. WP), it is clear that you would qualify for ILR without the need to apply for leave to remain.

Leave to enter is applied for from outside UK, and leave to remain applied for from within in the UK (aka extension). Both grant you the right (if I can say so) to live in the UK for the validity of the leave.


regards

winber
Junior Member
Posts: 88
Joined: Sun Mar 01, 2009 11:36 pm

Post by winber » Sat Jul 17, 2010 6:08 pm

Very interesting story girlpower,

I actually know someone who was just as naïve as your friend - he changed his employer and mentioned to his new employer that they'd need to sort out a workpermit for him (which they neglected to do). After that he didn't give the issue any more thought until a year or so later he got questioned at the airport and was told he had to leave. (I'm not certain of the exact details.) He ignored the fact that he was meant to leave, continued to work and overstayed. Eventually it went to court and he lost. Now due to luck he had some connection (through his church) to someone quite influential who wrote a letter saying Britain desparately needs people like him. This was presented to the judge in the next court case which he also lost, but the judge told the Home Office that even though they were in the right they really should try and find a way so he could stay. The home office eventually let him stay. (His employer was a public body.)

I'm sorry about your situation but I think you'll be fine. I checked my passport and my original entry clearance (work permit) does not mention anything about "leave to remain".

Regarding being paranoid, I assure you that you are not the only one that checks the immigration news every day! Given what they did back in April 2006, and also more recently with the earned citizenship stuff for existing migrants we have very good reasons to be paranoid. However I'm optimistic there won't be too much more retrospective stuff for the time being, I'm pretty sure the conservatives were involved with all the earned citizenship stuff so I don't see why they'd make it any worse than it already is, at least not before it is implemented anyway. And look how timid they were with the immigration cap, before the election they were saying they were going to cut immigration from 100's of thousands to 10's of thousands. It is now clear that that won't happen.

girlpower19818
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Joined: Sun Mar 21, 2010 9:26 pm

Post by girlpower19818 » Sun Jul 18, 2010 6:30 pm

thanks guys 4 the support and Winber thanks for ur words. now i feel less paranoid and know there r pple out there feeling the same way.

so tomorrow i have to contact union, HR and home office. not decided in which order though.
my friend's hearing is on Thursday then she has work tribunal hearing straight after. bless her. will be supporting her and will update on what pens out.

mwaqas
Junior Member
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Joined: Mon Apr 06, 2009 6:50 pm

Post by mwaqas » Sun Jul 25, 2010 6:31 pm

girlpower19818 wrote:thanks guys 4 the support and Winber thanks for ur words. now i feel less paranoid and know there r pple out there feeling the same way.

so tomorrow i have to contact union, HR and home office. not decided in which order though.
my friend's hearing is on Thursday then she has work tribunal hearing straight after. bless her. will be supporting her and will update on what pens out.
Hi, have u got any update from your friend ?

girlpower19818
Newbie
Posts: 49
Joined: Sun Mar 21, 2010 9:26 pm

Post by girlpower19818 » Mon Jul 26, 2010 12:03 pm

mwaqas wrote:
girlpower19818 wrote:thanks guys 4 the support and Winber thanks for ur words. now i feel less paranoid and know there r pple out there feeling the same way.

so tomorrow i have to contact union, HR and home office. not decided in which order though.
my friend's hearing is on Thursday then she has work tribunal hearing straight after. bless her. will be supporting her and will update on what pens out.
Hi, have u got any update from your friend ?
hi there, sorry 4got to update.
I will start with my situation first. i am now back at work after numerous phone calls between home office and my employers and they finally accepted that I had the right documents to work for them. ( still furious with them for making me go through all that)
My friend went for her hearing, which lasted from 10am till around 5pm. Her barrister was really good (though very expensive. LOL) and the immigration solicitor appeared to be way over his head (poor chap). He was even stating that if it was his call, he would stop the hearing and review the application again, but his bosses where not having it.
In the end the judge wanted to know if my employer still wanted her at work and to their credit they managed to fax a letter stating this fact. This seemed to satisfy all parties involved.
For now we are waiting to hear from the judge who states they will write within two week to let us know of the outcome.
The hearing seemed promising and fingers crossed.
One thing, if she wins can the judge force home office to grant her ILR or does home office also have the right to appeal the decision?
How does this work in practise.

girlpower19818
Newbie
Posts: 49
Joined: Sun Mar 21, 2010 9:26 pm

Re: ilr

Post by girlpower19818 » Mon Sep 13, 2010 6:19 pm

girlpower19818 wrote:hi all, new to the site.

my friend came to the uk with a work permit from company X, 6 months later she changed jobs to company Y. she never told them she needed a work permit and went on to work for them. it is the same job but different companies. she will be due to apply for her ilr in a few months. i keep telling her she will have problems but she thinks i am worrying for nothing. she has travelled overseas a few times and had no problems coming back hence do not think the old company informed home office that she no longer works for them.

now, my ILR is due 03/2011 and i am so stressed about the ever changing rules. i feel like i am going paranoid and keep checking home office web site every day, not sure if i can keep going like this without breaking down. my friends say even if there is a dramatic change in rules, it normally takes months to implement and there might be transition periods. anyone else going through this. :
hi all
update on my friend. she got a response from the judge and it was depressing. the judge stated that the decision by home office is right and my friend wanted to remain here as she has established a private life for herself and saw no reason why my friend could not re-establish her private life in her own home country.
she is so upset and so much for the judge being nice and understanding. guess one can never tell.

at the moment I am worried as during the hearing she was informed that she would here from the judge within two weeks (which she did) and from home office within four weeks. the issue here is that it has been more than 7 weeks and she is still waiting to hear from the home office. her solicitors have said to her that there is a chance home office would change their mind and for her to keep waiting for a response.

my issue here is that, it does not make sense for home office to change their mind after winning a case, 2) it's been over 7 weeks and home office do not even have any of her documents. was the response from the judge "it" or home office are still really required to write to her.
I feel like the solicitors are misleading her and if she continues to wait, she might get in trouble for overstaying.
what are your thoughts on this guys?

mimimt
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Post by mimimt » Mon Sep 13, 2010 9:31 pm

Technically, she's already been over-staying for the past 4.5 years. She lost her right to stay in the UK the minute she switched employment. So I wouldn't worry too much about over-staying. She should write to/call HO for official response.

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