Dear Sir,

I am a chef and came to UK on a work permit visa. My work permit was stamped on 04th June 2006 and is valid until 03rd June 2011. As my father was having an operation I came to UK only on 30th July 2006. I am told that I can only apply for indefinite leave to remain 28 days before the day I entered UK. Accordingly I will be only able to apply on 02nd July 2011. But my visa is finishing on 03rd June 2011. What should I do in this circumstance? My employer does not have a sponsor licence and he is not willing to apply for the same in order to extend my visa. Kindly advice.

Biju, Surrey


Dear Biju,

In order to apply in person at the UKBA Public enquiry Office you can only make an application from 28 days prior to the date when you enter UK. This will be from 02nd July 2011. But as your visa finishes on 03rd June 2010, you will not be able to make an application in person at the Home Office. As per the immigration rules you can make an application to the UKBA by post 30 days before your current visa finishes. So technically you can submit a postal application and by the time the application is considered by the immigration officer you will be able to complete the 5 years residency period and will be able to get the indefinite leave to remain provided you satisfy all other requirements of the immigration rules. Your visa conditions get automatically extended if you make a valid application to the UKBA before the expiry of your visa and therefore your work permit get automatically extended until the application is considered by the UKBA. Currently postal application is taking 2 months time for processing and you will satisfy the residency requirements by this time and therefore we would advice that there is no need for a further work permit/visa extension in your case


Paul John, Solicitor, Paul John & Co Solicitors, London

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