Worker

[shani70]

Dear Sir/Madam,

I need your advise about my family case.

I like to know about the length of Residence required for settlement in one of the Employment category which is Employment not requiring a Work Permit "Off-shore Worker" ?

I am in this category from last 3 years every year I have take Residence Permit visa on FLR(O) form.I also previously studied in UK , achieved Foundation Degree in Nautical Science and Master Mariner Class 1 Certificate of Competency is equivalent to a Degree Level qualification which is equally recognized UK NARIC & UKBA point based calculator website when dealing with Work Permits.Please advise me when can i apply for ILR?

I work on Oil Installation based in North Sea UKCS as Marine Control Operator which is Highly Skilled & Complex job in Oil & Gas Industry required higher degree of competency and professionalism same time well paid as well.My gross earning are more than 50 K also contributing Tax , NI & economic wellbeing of the country.I spend 2 weeks working on board offshore installation and then given 3 weeks shore leave. Kindly Advice me when I can apply for Indefinite Leave to Remain in UK on this category?


I wish to live in UK as Permanent Resident I have set up United Kingdom as my home permanently, where I bought the property as well on mortgage. I also established private and family life in UK, living with my partner and one son who is born in UK 2 years old now.I married with my wife as per Islamic marriage Nikkah done which is not registered in UK. I have a close family ties here & strong connection with in UK. I appreciate if you can advice me about my wife case, she is here in UK from last 10 years as over stayer and made several application in the past for stay but all of them were refused all of her family settled here in UK. She went to Immigration Asylum Tribunal as well but here case was refused applied under SET(F) but she was over 18.Her last application was on FLR(O) as Discretionary Leave on Humanitarian Grounds which was also refused by UKBA served IS151A with right of appeal.After that Home Office send her IS96 she is going to signature once every month at Dallas Court. Its also worth while to mention you we have a 1 baby boy born in UK, He is 2 years old.So now her solicitor like me to mention also in her application which might be in front of immigration judge in order to comply with ECHR Article 8 as I bought the house in UK as well. To illustrate strong connection with UK and her long residence in UK at the moment she is working as well.

Her solicitors write to Dallas Court for possible date for to hear appeal but nothing hear from them more than a year ago? I am not satisfy with her solicitor need your advice but is a best possible option for us to go with. I mean do what our present solicitor advising us to be patient like wait & see ? I feel there is nothing much progressing in her case only just wastage of time & money until now.

Awaiting for reply hope you help me out in that frustrating situation. Please advise me.

[Mr Rusty]

You're not in a Points-Based category, I'm not sure that you can claim ILR any sooner than 10 years' continuous lawful residence. You do not say whether your studies and work record combined are continuous, or for how long, so it's impossible to give any more accurate estimate.

Presumably you are given the endorsement for an offshore worker which is up to one year at a time, dependent on the length of your contract. Dependants of offshore workers are given leave to remain for the same period as their sponsor (and are allowed to work), so your partner could secure her immediate position by marrying you at a Registry Office and applying for LTR on that basis.

However, these days I live amongst a lot of people who work in the oil business and related industries, and their contracts are rarely indefinite, more likely to be a few months or years, which I guess is why you are anxious to secure ILR. If your contract ends and is not renewed you would have to leave the UK and take your dependants with you, so I can see there is an argument for your partner wanting to secure her position independent of you.

I'm sorry I can't see a quick fix, but someone else may have a deeper knowledge of this bit of the Rules.

[Obie]

Are you working within the 12 miles UK territorial water or the 200miles zone were UK is allowed to carry out exploitation of resources. If it is the former, then you would have been granted leave under the PBS if any part of you job involves working in UK territorial water. You are therefore covered under the immigration rules which deals with PBS and could obtain ILR aftet 5 years of employment.

The is no route to 5 years ILR for the later category.

However as you stated you were a student in the UK and resided for some time prior to your employment, those period could count towards 10 years lawful residence, which will enable you to obtain ILR.

You could get your son a passport and apply for LTR as dependant.

As no removal direction has been set, and as your wife has no Leave to remain and the length of time that has elapsed, it is questionable whether she will have a right of appeal.

Please confirm before i proceed with your wife, whether your job involves working in UK's territorial water and if your leave is under PBS, before i will proceed on your wifes case.

[Greenie]

It doesn't sound as if the OP has leave in a points based category if he has been applying for further leave on a yearly basis on form FLR (o)

[Obie]

It doesn't sound as if the OP has leave in a points based category if he has been applying for further leave on a yearly basis on form FLR (o)

We dont know and OP has not clarified.

As a matter of routine off shore worker are given short term visa as they are usually on short term contract as correctly stated by Mr Rusty.

The question is whether his job involves working in UK' 12 miles territorial water at some point in time or the 200 miles UK continental shelf on the North sea, an area where UK is allowed to undertake exploitation of resource.

If his job involves the former rather than the later it is more likely than not he will require a leave to remain under the point based system.

Therefore it will help if OP clarifies this

[Raj5]

It doesn't sound as if the OP has leave in a points based category if he has been applying for further leave on a yearly basis on form FLR (o)

Under what rules an application by Off Shore worker is made for an extension? Interestingly one of my acquaintance made an application for entry clearance as an Off SHore worker but when he applied for extension on FLR(o) form from within the UK it was refused under Paragraph 44(iii) on the basis that his entry to the UK was as an off-Shore worker and does not satisfy the requirements of of Paragraph 44(iii). If he lives in the UK for 10 years as an Off-shore worker, does he become entitled to settlement?