Since 1998, we have arranged thousands of work permits for Nurses, Carers, Managers, Chefs, as well as Domestic Worker Visas. After 5 years continuous work, they should be eligible to apply for Indefinite Leave to Remain (ILR), or permanent residency. But many are being refused ILR because their employer has not played by the rules.
When you apply for ILR, the UK Border Agency (UKBA) will dig into every aspect of your work history and conduct in the UK, looking for any excuse to deny you and your family the right to settle here.
On 6 April 2011, the Government introduced a change to the settlement rules for work permit holders who came in prior to the points based system. You must be paid a certain salary in order to qualify for indefinite leave, as specified in the Tier 2 Codes of Practice.
In one recent case, Bison UK’s appeal specialist managed to overturn a refusal on appeal after the UKBA refused a Senior Care Worker ILR because her employer had not paid the correct salary and had used her to do domestic work.
We are dealing with another case where a Filipina was refused for failing to declare a conviction, which she thought was just a fine for travelling on a train without the correct ticket. Application forms ask specific questions about criminal convictions and civil judgments, such as County Court Judgments, which can lead to a mandatory refusal. Others slip up because they have claimed benefits whilst on a work permit, which is not allowed.
If your application gets refused, consult a qualified immigration adviser to look at all your options. You may have to appeal against the refusal or use Article 8 ‘right to a family life’ human rights grounds, as a reapplication will contain the same information.
The good news is that the appeal tribunals have ruled against the Government. In a case involving a work permit holding care worker, the Judge allowed an appeal against a refusal and ordered the UKBA to grant her Indefinite Leave to Remain.
If you need any immigration advice or are worried about the new immigration rules or need help with Sponsorship or Tier 1, 2, Tier 4, applying for university if your college has closed, Spouse Visa, ILR/Settlement, Citizenship, Dependant Visa or an appeal against a refusal, or if you have been waiting for a reply from the Home Office for longer than a year, please email:
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