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Topic: ILR & Human Resources  (Read 2461 times)

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ILR & Human Resources
« on: July 01, 2019, 08:14:31 PM »
So my wife will be applying for ILR hopefully in the next few days but she has HR asking her what the deal is with her legal right to work.

What can she tell/show them to let them know everything is being taken care of? An application email receipt? Once her BRP expiry date comes we realistically will not have a decision response from UKVI. I hold a strong assumption she is still allowed to work, right? She works for Liverpool FC so they’re really on the ball with visas and checking etc.
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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Re: ILR & Human Resources
« Reply #1 on: July 01, 2019, 09:21:28 PM »
As long as her application is made before her current visa expires, she will be given Section 3C leave, meaning her current immigration status and right to work will continue (same as when she applied for FLR(M)).

See: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/771652/3C-3D-Leave-v9.0ext.pdf

From that file:

Quote
Section 3C leave extended when an in-time application is made

An in-time application is an application made by a person in the UK who at the time of application has leave to enter or remain.

Where an in time application to extend or vary leave is made and the application is not decided before the person’s existing leave expires, section 3C extends the person’s existing leave until the application is decided (or withdrawn).

Section 3C does not extend leave where the application is made after the applicant’s current leave has expired.

If her employer is concerned about her right to work in the UK, they can use the Employer Checking Service here:
https://www.gov.uk/employee-immigration-employment-status


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Re: ILR & Human Resources
« Reply #2 on: July 01, 2019, 09:28:56 PM »
That’s the EXACT thing I wanted thanks ksand. Thank you so much. We’re happy now.

Now onto the application after a few questions left.
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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Re: ILR & Human Resources
« Reply #3 on: July 02, 2019, 12:52:42 AM »
Once you submit the application, you'll want to give them the reference number as the HR department will likely run the check with home office but your wife will be fine to work until the decision is made

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My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: ILR & Human Resources
« Reply #4 on: July 02, 2019, 10:15:23 AM »
Once you submit the application, you'll want to give them the reference number as the HR department will likely run the check with home office but your wife will be fine to work until the decision is made

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Thanks guys.

It's nerve racking because say we miss something and it is rejected and she'll have to fired and leave country etc.
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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Re: ILR & Human Resources
« Reply #5 on: July 02, 2019, 10:23:39 AM »
Thanks guys.

It's nerve racking because say we miss something and it is rejected and she'll have to fired and leave country etc.

I stressed over this for ages because this truly is the final hurdle so I get why you're on edge about it.  The best advice I can really give you is to try to relax and just not submit until you're positive that you're ready do to so and you know that you have everything they are asking for. it's a tick-box exercise.  While it won't totally eliminate the worry that you might have somehow missed something (even though it's very likely you haven't and will be approved), you can at least relax in the knowledge that you know you tick all the boxes so there shouldn't be an issue that you couldn't appeal should that happen. If you submit too quickly without really being sure you're ready, that is more likely to be where mistakes are made.
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: ILR & Human Resources
« Reply #6 on: July 02, 2019, 10:52:56 AM »
To add to the above, while this is the last major hurdle, it’s no more difficult to qualify for and to be approved for than the other visas, and the evidence you provide is almost exactly the same.

Basically, as long as nothing major has changed, if you had no trouble getting the spousal visa and FLR(M), you will have no trouble getting this visa :).



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Re: ILR & Human Resources
« Reply #7 on: July 02, 2019, 10:56:30 AM »
It should be easier by now after all the practice you've had!  ;) 

I honestly found it easier each time.  :)


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Re: ILR & Human Resources
« Reply #8 on: July 02, 2019, 11:00:00 AM »
Thanks guys.

It's just the added pressure with a child and I have questions and worries on my main thread which are keeping me from submitting currently. The main one being the last two bank statements looking different to the rest and my correspondence selection. Hopefully when you guys find any spare time to have a look I would appreciate it.

I will put the virtual kettle on for everyone  ;D
Feb 2014 - Married
29/04/2014 - Spouse Application Approved
02/05/2014 - Visa Received
09/01/2017 - FLR(M) Granted
22/07/2019 - ILR Granted
05/05/2022 - Citizenship


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Re: ILR & Human Resources
« Reply #9 on: July 02, 2019, 11:00:29 AM »
To add to the above, while this is the last major hurdle, it’s no more difficult to qualify for and to be approved for than the other visas, and the evidence you provide is almost exactly the same.

Exactly this.

It should be easier by now after all the practice you've had!  ;) 

I honestly found it easier each time.  :)

I would agree that it physically was easier. It seemed to get easier every time (as you said) with the exception that there was a slight bit of confusion initially as it was the first application I had to do using the "new" process - but once I got it it was actually a much better and easier system than the paper form. For me, it wasn't the application itself, but the nerves and stress and "what ifs". They definitely aren't coming from a rational places because - as mentioned - a rational mind would understand that you tick all the boxes and you had no issues on previous applications so this should be a breeze. When under stress and your brain is thinking less than rationally, you start questioning if you might've missed something or they might not like one of your answers, etc. I think it just feels more stressful and higher stakes than it really is because A. you have a lot more invested in 5 years time than you did at the beginning and B. you're just eager to get the final visa hurdle out of the way :)
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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Re: ILR & Human Resources
« Reply #10 on: July 02, 2019, 11:01:57 AM »
As I said a few days ago, your bank statements will be fine - doesn’t matter if they look different (sorry, didn’t realise you were still worried about them).


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Re: ILR & Human Resources
« Reply #11 on: July 02, 2019, 11:04:20 AM »
Haven’t had a chance to look at your correspondence again - I’ve only had 6.5 hours of sleep since Sunday morning and I’m 4 hours into a 12-hour shift right now (yesterday was not a fun day - I worked an early morning shift on exactly zero minutes of sleep)


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Re: ILR & Human Resources
« Reply #12 on: July 02, 2019, 11:10:35 AM »

I would agree that it physically was easier. It seemed to get easier every time (as you said) with the exception that there was a slight bit of confusion initially as it was the first application I had to do using the "new" process - but once I got it it was actually a much better and easier system than the paper form. For me, it wasn't the application itself, but the nerves and stress and "what ifs". They definitely aren't coming from a rational places because - as mentioned - a rational mind would understand that you tick all the boxes and you had no issues on previous applications so this should be a breeze. When under stress and your brain is thinking less than rationally, you start questioning if you might've missed something or they might not like one of your answers, etc. I think it just feels more stressful and higher stakes than it really is because A. you have a lot more invested in 5 years time than you did at the beginning and B. you're just eager to get the final visa hurdle out of the way :)

Yeah. That's why we did the in-person appointment for ILR.  It's a real shame they don't do them any more.


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Re: ILR & Human Resources
« Reply #13 on: July 02, 2019, 11:13:29 AM »
Yeah. That's why we did the in-person appointment for ILR.  It's a real shame they don't do them any more.

That's partially why I paid for my priority processing "24 hour decision", but it turned out to have the REVERSE impact as they royally screwed up somewhere and took a month, so I then panicked that the worst had happened! LOL I wish they had the in person appointments as that might've saved me the extra stress on my coronary! haha
My, how time flies....

* Married in the US and applied for first spousal visa August 2013
* Moved to the UK on said visa October 2013
* FLR(M) applied for  May 2016. Biometrics requested June 2016. Approval given July 2016.
* ILR applied for January 2019 (using priority processing). Approved February 2019.
* Citizenship applied for May  2019
* Citizenship approved on July 4th 2019
* Ceremony conducted on August 28th 2019

'Mommy, Wow! I'm a legit Brit now!'


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  • Posts: 17769

  • Liked: 6118
  • Joined: Sep 2010
Re: ILR & Human Resources
« Reply #14 on: July 02, 2019, 11:49:58 AM »
That's partially why I paid for my priority processing "24 hour decision", but it turned out to have the REVERSE impact as they royally screwed up somewhere and took a month, so I then panicked that the worst had happened! LOL I wish they had the in person appointments as that might've saved me the extra stress on my coronary! haha

Yup, if that had been an in-person appointment, it would have saved you that month of worry. So sorry they put you through that.


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