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10 year ILR rule- WP employment terminated during 10 years

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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fezz
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Joined: Wed Dec 26, 2012 8:07 pm

10 year ILR rule- WP employment terminated during 10 years

Post by fezz » Thu Dec 27, 2012 8:57 pm

Hello

In the end of 2013, I will be a UK resident for 10 years. However, my 10 year residence has an issue, which is explained below. It consists of:

Dec 03 - Oct 06 : Student visa
Oct 06 - Jul 09 : Work Permit
Jul 09 - Sep 11 : Self employed (WP employment terminated)
Sep 11 - Dec 13 : EEA family member

Lets keep aside the time spent as family member of EEA national and whether it counts towards ILR criteria (for which I already have received valuable advice on this forum).

The issue I need to discuss is the termination of WP employment. Basically, the company which issued me work permit in Oct 06, I only worked for them upto July 09, and then my employment was terminated. However, the company did not inform the Home Office of the termination of employment (as they were not aware of the procedures).

After the termination of my job, I kept working in self employed capacity until Sep 2011, when I married an EEA national and got EEA resident card. I also got registered as self employed during that period and paid taxes and NI.


My question is if I apply for ILR in Dec 2013, will UKBA caseworker check my employment history for entire 10 years (through P60s and other tax returns etc). Because if they do, my application has no chance of success.

Does UKBA use HMRC (tax) information as part of their normal processes?

Please advise !

z18runway
Senior Member
Posts: 810
Joined: Mon Mar 29, 2010 11:54 pm

Re: 10 year ILR rule- WP employment terminated during 10 yea

Post by z18runway » Thu Dec 27, 2012 10:10 pm

fezz wrote:My question is if I apply for ILR in Dec 2013, will UKBA caseworker check my employment history for entire 10 years (through P60s and other tax returns etc). Because if they do, my application has no chance of success.

Does UKBA use HMRC (tax) information as part of their normal processes?

Please advise !
NO

wpilr_nov12
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Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Thu Dec 27, 2012 10:16 pm

Were you aware of the rules? Have you 'knowingly' been an accomplice to the breach? Immigration Rule 128 would have applied to you.

Whether UKBA will dig beyond just the surface is anybody's guess.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

z18runway
Senior Member
Posts: 810
Joined: Mon Mar 29, 2010 11:54 pm

Post by z18runway » Fri Dec 28, 2012 8:02 pm

If the OP applies through 10 years long residence category, how the employment checks or verification done ?

I guess the OP don't need to fill employment section in SET(o) form as that is not mandatory if he applies for long residence category

samiah123
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Posts: 10
Joined: Sat Dec 29, 2012 1:42 am

Post by samiah123 » Tue Jan 01, 2013 12:58 am

Hi z18runway! What does OP mean? Please clearify !

Fezz ! I have checked the SET(O) form, and there is no question for long residence applicants enquiring the employment history.

vinny
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Post by vinny » Tue Jan 01, 2013 11:09 am

OP = "Original Poster"
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samiah123
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Post by samiah123 » Tue Jan 01, 2013 9:35 pm

ok. Thanks vinny !

Pay
Junior Member
Posts: 50
Joined: Mon Sep 05, 2011 6:48 pm

EEA and ILR 10 Years

Post by Pay » Mon May 13, 2013 9:13 pm

please Guys any update or success story in regards to have EEA as part of ILR 10 years ?

I really appreciate your reply.

Many Thanks

fezz how dit it go with your application and what did you understood from others in forum , I disparately need your help .

looking forward to hear from you soon.

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