Due for ILr Gap in Employment

m_man1 · Post by **m_man1** » Sun Jan 09, 2011 5:37 pm

Hello guys,

Just need some help with my firends situation and first thought was this forum and your ideas ,guidance and information is as always much appreciated

my friend is due for his ILR based on 5 years work permit category but theres a bit of cloud over his application which needs to be cleared

A year and half ago he was laid off by the employer who did his work permit and it took him another 3 months to find a another employer which he managed,but when he applied for work permit he had to do whole process all over again as it was Point based system ,his application with the new employer got refused coz they didnt use a solicitor and for this he had to wait a while to get his permit through ,

the total time he waited in getting it sorted was about 6 months but he already had started to work for new employer on a part time basis as his work permit wasnt cancelled by his old employer

My question here is can anyone cast a doubt on his application with regards to

Him working on a part time basis with current employer while he was laid off?
Will his Application be approved if he applies by himself?
Is it beter to use a solicitor in this case,who is going to charge exuberant amounts?
Are there any points he need to consider or have as a option before applying for ilr?

Also need your thoughts if it can be seen as a straight forward application or it is a tough one to crack?

thanks a ton, and please do help with your thoughts and opinions as always

xyz123 · Post by **xyz123** » Mon Jan 10, 2011 11:10 am

didnt his employer notify home office of redundancy (and hence cancellation of visa) when he left first employment? If so, did he arange to have a temporary visa to stay in this country?

m_man1 · Post by **m_man1** » Mon Jan 10, 2011 2:05 pm

i presume not as if they had did and he would have applied with the new employer he would have been refused the visa as if his employer would have notified the home office his stay during the redundancy which was over 6 months would be terned as illegal

not sure i am right here but any information or advice is much appreciated

thanks

m_man1 · Post by **m_man1** » Mon Jan 10, 2011 2:11 pm

he didnt apply for a temporary visa, and if i am not mistaken if he was not able to find a new employer in 45 days he should have left uk,what are your thoughts xyz?

And if he didnt leave uk, and the employer didnt cancel his visa can we assume that he was still working for them even if he was made redundant? as his permit wasnt cancelled?

in this period of 6 months he started working p/t for new employer for 20 hours,which i suppose you can do provided it is same designation and same sector

m_man1 · Post by **m_man1** » Thu Jan 13, 2011 4:35 pm

hi guys does any one have any opinions on this case as my friend is in two minds about this as to hire solicitor/ or get a premium appointments ,

Please contribute your thoughts and ideas

xyz123 · Post by **xyz123** » Fri Jan 14, 2011 1:05 pm

m_man1 wrote:he didnt apply for a temporary visa, and if i am not mistaken if he was not able to find a new employer in 45 days he should have left uk,what are your thoughts xyz?

And if he didnt leave uk, and the employer didnt cancel his visa can we assume that he was still working for them even if he was made redundant? as his permit wasnt cancelled?

in this period of 6 months he started working p/t for new employer for 20 hours,which i suppose you can do provided it is same designation and same sector

my thoughts are he stayed illegaly in this country. knowing that he can not stay in country having lost his job he didnt do anything for his visa.

get a solicitor and they may help

viresh · Post by **viresh** » Fri Jan 14, 2011 2:21 pm

xyz123 is right. condition on work permit is if you loose your job u have 45 days to move into another job or leave.

And if he didnt leave uk, and the employer didnt cancel his visa can we assume that he was still working for them even if he was made redundant? as his permit wasnt cancelled?

I think you can get a report for his visa history. By law his previous employer was suppose to inform Home office of redundancy. If they did not inform then it can be seen as job switch...... but there are many if's and but take a solicitor advide/help.

m_man1 · Post by **m_man1** » Tue Jan 25, 2011 4:15 pm

hi guys checked with the solictor and he confirmed that since the previous employer failed to inform the home office this will be seen as job switch without any enquiries

I am inclined to believe what was said before that it is a staright forward case ,one was made redundant but the company fialed to notify the home office and the person tried his luck in finding another employer (after 3 months)and got a new work permit

By law he should have left the country but he tried his luck ,i am not sure he can trust his luck this time round/or can he!!??

The solicitor is advising to hire him @ double the cost of the application @ PEO and my friend is torn between what to choose Luck?!!! Or solicitor!!!?? Kindly pool in u r thoughts xyz 123 and the gurus please help make an informed decision

xyz123 · Post by **xyz123** » Tue Jan 25, 2011 7:50 pm

m_man1 wrote:hi guys checked with the solictor and he confirmed that since the previous employer failed to inform the home office this will be seen as job switch without any enquiries

I am inclined to believe what was said before that it is a staright forward case ,one was made redundant but the company fialed to notify the home office and the person tried his luck in finding another employer (after 3 months)and got a new work permit

By law he should have left the country but he tried his luck ,i am not sure he can trust his luck this time round/or can he!!??

The solicitor is advising to hire him @ double the cost of the application @ PEO and my friend is torn between what to choose Luck?!!! Or solicitor!!!?? Kindly pool in u r thoughts xyz 123 and the gurus please help make an informed decision

Another example of UK being soft with immigration offenders.

Anyway if it was me, i would hire a solicitor in case there are any problems.

m_man1 · Post by **m_man1** » Wed Jan 26, 2011 12:05 am

thanks xyz 123 for sharing your thoughts
I would not take on on uk being soft on immigration offenders i would rahter blame it on the lazy employer

who couldnt care less,or dont know their stuff,or are least bothered to move and get things done

I guess nothing new about this , they need to hire some one to get things done for them

What do you think

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Due for ILr Gap in Employment

Due for ILr Gap in Employment