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8 Months Wait On Ilr Application And Changing Jobs

ILR more than 6 months

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#1 markandcat

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Posted 21 October 2012 - 01:04 PM

Hi All,

My husband had made an ILR application in Feb 2012, while being on Tier 2 visa (now expired). In July 2012, he has been offerred his dream job by another employer and accepted it, starting date Dec 2012.

We were confident that the ILR response would have arrived by then. We are now 8 months in the process, have contacted our local MP twice but they could not get an answer from UKBA. He calls the helpline every week since the 6 months threshold but every time they tell him that his application is "in progress".
The HR department at his future employer have said that they will use the employer checking service and will only need a copy of his passport.

I just want to know if he can commence his new job pending an ILR position. He is very stressed and down because of this process. But I am also starting to worry as we have an 18 months old daughter, I have resigned from my job and we are arranging to move houses to be closer to his new post (170 miles away).

Thank you for any advice you could give me

Catherine



#2 Victoria

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Posted 21 October 2012 - 01:06 PM

If he is currently on the spouse visa then yes, he can start the job.

#3 raj1405

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Posted 16 November 2012 - 07:50 PM

If he is currently on the spouse visa then yes, he can start the job.

Hi Victoria,

I am in the boat, my ILR Set M application was posted by 10.09.12 and have recieved acknowledgement frm UK BA by 14.09.12 as my spouse visa was expired by 25.09.12. So, I made a valid application and paid te fee to, so as per guidance I am entitled to work, so I've accepted a great job offer and resigned my current job, but the prospective employer now asking for a letter from UK BA confirming my work status, by end of november 2012, otherwise they are willing to with draw the job offer. So, I've requested a letter from UK BA but so far no reply.

Anything I could do to commence my new job as my prospective employer is concerned about the liablity.

Your advice in this regards is much appreicated.

Thanks

#4 Victoria

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Posted 20 November 2012 - 05:17 PM

I think I would probably threaten to sue the Home Office. There are thousands of people in this position.

#5 pozsonyi

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Posted 20 November 2012 - 07:10 PM

If he is currently on the spouse visa then yes, he can start the job.

the OP's husband was on Tier 2 when he made his ILR application, not on a spouse visa. IMHO he is in a limbo at present beacuse he cannot start work for another employer.until such time that he receives his ILR.

#6 pozsonyi

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Posted 20 November 2012 - 07:41 PM


If he is currently on the spouse visa then yes, he can start the job.

Hi Victoria,

I am in the boat, my ILR Set M application was posted by 10.09.12 and have recieved acknowledgement frm UK BA by 14.09.12 as my spouse visa was expired by 25.09.12. So, I made a valid application and paid te fee to, so as per guidance I am entitled to work, so I've accepted a great job offer and resigned my current job, but the prospective employer now asking for a letter from UK BA confirming my work status, by end of november 2012, otherwise they are willing to with draw the job offer. So, I've requested a letter from UK BA but so far no reply.

Anything I could do to commence my new job as my prospective employer is concerned about the liablity.

Your advice in this regards is much appreicated.

Thanks


Edited by pozsonyi, 23 November 2012 - 08:25 PM.


#7 Victoria

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Posted 20 November 2012 - 09:20 PM

Yes, you are right. In fact this is problematic as moving from Tier 2 to ILR requires continued employment. He may have jeopardised his ILR.

#8 Chavi21

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Posted 23 November 2012 - 05:34 PM

Hi Victoria

I am in the same boat.

I applied for my ILR through checking service on 9th Aug and biometrics done on 11th Oct.

I was working till July and was made redundant. But now after a lot of struggle I have been offered a job by a reputed bank but they can't give me the start date without a valid visa.

They are not willing to use the employer checking service as they are saying they need a letter or a physical proof of my work status.

I will really appreciate if you guide me to the right direction.

Regards and thanks in advance



#9 Chavi21

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Posted 23 November 2012 - 05:36 PM

Just to add I was on spouse visa and have done the set m form. I have put my income as nil as I wasn't working when I applied but have put my husband's income on the form.


#10 Victoria

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Posted 27 November 2012 - 09:09 AM

Sorry, there is nothing I can do.





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