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Work Permit Redundancy & Indefinite Leave - Exceptional Circumstances


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#1 hukkapani

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Posted 09 November 2012 - 07:41 PM

Hi

I have this situation with which i need help in. Due to the level of immigration experts on this forum, I have decided to use a consultant from this forum (depending on the advice i get from here). So here it goes :-

My visa history.

08/2003 - 06 Student

2006 - 07 SEGS

2007 - 08 Student. ( i didnt apply for PSW as i got the job)

2008 - 19/12/2012 Work permit

The problem is that my employer has decided not to apply to become sponsor and hence not extend my work permit. I can understand that, as out of 6000 people they employ, I am the only one who need them to be a sponsor. But it does leave me with a problem. I can go down the employment legalities route etc for unfair dismissal as when they took me on 4 years ago, they did say that it was a permanent position (graduate trainee and then a role however i have yet to acquire a role due to lack of jobs within the company).

As you can see from the history above, in order to qualify for Indefinite leave to remain (10 year category) , i will be short of 8 months when my visa expires. I had advice from several people to get on student visa to make up for that, and in fairness that seems an easy route. But i am reluctant to go down that route as I will not be able to work and i have alot of family committments both here (my wife who joined me June 2011) and back home (parents) who are dependent on me. Second reason for my reluctancy is that I feel uncomfortable applying for student visa JUST to get ILR as I really will not be able to study and also I think i will be abusing the system which I am not keen on. If i get ILR, i want to get it fair and square (albeit that I dont qualify under the 10 year rule). I am a qualified engineer upto Masters level with 4 years of experience in engineering.

I personally believe that I have circumstances that do qualify for exceptional/discretionary or any other leave (this belief is personal and not based on legal requirements etc. its just a feeling that i have compassionate grounds. such as my Mrs currently undergoing treatment for a Benign Tumor (pituitary gland tumor) in brain) and also the fact that my qualifications and experience will be wasted in my home country due to lack of industry etc.

http://www.ukresiden...__fromsearch__1

I need expert advice on this matter, the link above is my thread on the same issue which i started Jan 2012. Victoria was the only one who responded. I hope that other experts such as SkillsClear etc. do also offer advice on this issue so that I can decide what route to take and who will take it forward for me in terms of representation.

Thanks all in advance.



#2 SkillClear

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Posted 11 November 2012 - 08:49 PM

Firstly... it's SkillClear.... no 's'. ;)

I'm not sure what can be added in this thread that was not covered in the previous one. Even if Sponsor Registration had not been required the employer would still have needed to offer sponsorship at a suitable level - not really sure if an extension of a graduate level role at the same level would have been accepted... possibly, but by no means guaranteed. It's a difficult situation and especially so if the employer does not have a suitable role for you.

The obvious choice has already been covered - the student route. Ideally of course the employer would get registered and you would be in a suitable level of role for sponsorship - that would take quite some time though even if they wanted to do it.

#3 hukkapani

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Posted 12 November 2012 - 11:48 AM

Thanks SkillClear for correction.

Sponsorship has become such an annoyance. I have had job offers from employers recently who actually were Tier 2 sponsored but were reluctant to hire me as they just weren't too keen on carrying out resident labour test amongst other things. It surely has messed up people with old type permits. My current employer is also not keen on sponsorship due to resources and labour required.

So what we are saying is that I start making preparations to leave the UK as there is absolutely no other way other than that of student (which I'm not comfortable to do due to personal choice)
Really not looking forward to that... :(





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