[henryfork]

Hi there

Am hoping someone here has similar experience and can advise.

I am under the old work permit system. So I am currently sponsored by an employer. My work permit visa is valid from 20 Aug 2007 so I am approaching 5 years in the UK and hope to apply for Indefinite Leave to Remain.

The problem is, I didn't arrive in the UK until over a month later, on the 4 Oct 2007 so my 5 years will be from that date.

So I understand I have to get a "Further Leave to Remain" (?) to allow me to stay in the UK for an extra month in order to apply for residency. However all the documentation on the Home Office website indicates that people under the work permit system cannot get further leave to remain, rather they have to change to the points based system (ie. My employer would now have to go through the new legislation to be able to apply for a license to sponsor people).

To me this seems like a ridiculous amount of effort in order just to stay here for 1.5 months. It would be doing two submissions to the home office in under two months!?

Has anyone had any experience of extending their work permit by a month or so in order to apply for residency?

Cheers
Henry

 

[Joppa]

Hi there

Am hoping someone here has similar experience and can advise.

I am under the old work permit system. So I am currently sponsored by an employer. My work permit visa is valid from 20 Aug 2007 so I am approaching 5 years in the UK and hope to apply for Indefinite Leave to Remain.

The problem is, I didn't arrive in the UK until over a month later, on the 4 Oct 2007 so my 5 years will be from that date.

So I understand I have to get a "Further Leave to Remain" (?) to allow me to stay in the UK for an extra month in order to apply for residency. However all the documentation on the Home Office website indicates that people under the work permit system cannot get further leave to remain, rather they have to change to the points based system (ie. My employer would now have to go through the new legislation to be able to apply for a license to sponsor people).

To me this seems like a ridiculous amount of effort in order just to stay here for 1.5 months. It would be doing two submissions to the home office in under two months!?

Has anyone had any experience of extending their work permit by a month or so in order to apply for residency?

I'm sorry to say I don't think you have any choice. You apply for extension under the transitional arrangement A, but your employer still has to become a registered sponsor (if they aren't already) and issue a virtual certificate of sponsorship. Unlike fresh applicant for Tier 2, you are exempt from most requirements like labour market test, earnings and funds.
UK Border Agency | Transitional arrangement A

If you had arrived on the first day of validity, you could have applied for ILR straightaway. If you had arrived less than a month later, you could have applied by post 4 weeks before 5 years and by the time your application is processed, you will have lived here for 5 years. UKBA is very strict about timing and if you are even one day short of 5 years, you still have to extend your current visa. Another way is to switch to another visa that counts towards settlement, such as marriage.

I sugest you consult an experienced immigration advisor, as there may be another way I'm not aware of (I doubt it). If you go through Citizens Advice, you may get a free consultation, or make a telephone enquiry to Joint Council for the Welfare of Immigrants.
Joint Council for the Welfare of Immigrants | Home | Legal Advice and Assistance

 

[henryfork]

Thanks for your prompt answer Joppa. As you suggest it is as I feared. Going to make some more enquiries with immigration agencies as well and decide whether to abandon the whole idea or not!

Cheers