Looking for some advice on Working Visas

[yorkie]

The scenario: I have a couple of friends who have been in the UK for just shy of 5 years on work visas, they are qualified midwives in the Philippines but are working here as care assistants. Both of their work permits/visas are up for renewal in the next 4 months and they have to submit the application 3 months in advance, however thier employer has told them that as their minimum wage has just increased from £6.55 p/h to £7.05 the company can no longer afford to employ them once thier visas expire, therefore the company will not sponsor their Visa renewals.

They are pretty scared at having to return home as both have made lives here they are upset about the prospect of giving up, there was a ray of hope that they could apply for Indefinite leave to remain having been here just short of 5 years (this apparently being the required time to apply for ILR on a work visa) however their visas will expire 16 days shy of the 5 years, they have been told that the 16 days wont be overlooked and they'll have to return home if they cannot sort out a visa in the meantime. I had read that they could apply for FLR however the legislation for this seems to have changed so that they would need an employer to sponsor them.

The only option they have at the moment is to find a new employer within the next month as a foreign worker in the UK and hope they will sponsor them, I'm just wondering if anyone here has had any similar experience with a work visa and may be able to offer some advice I can pass on.

Many thanks in advance

[Terpe]

yorkie,
Sorry to hear this.
I have a close friend in a similar situation. I have posted here and have made phone calls and e-mails to Brit Emb/Home Office and UK Border Agency.
To date I have not found any solution but am still looking.
I did have one idea, that involved my friend discussing with her employer along the lines of supplying a letter of continuing employment and that if/when she got her ILR that she would resign and seek other employment.
I believe it's possible to apply for ILR 28 days in advance of the exact 5 year date. During the application process the existing visa status remains in force until a final decision is made.
My friend is still considering what to do and has not approached her employer concerning if they can help. She may do that as the key dates get closer.

Concerning the Min Wage this is the latest:-
From October 2010, National Minimum Wage rates will increase from:

•£5.80 to £5.93 an hour for workers aged 21 and over

•£4.83 to £4.92 an hour for workers aged 18 to 20

•£3.57 to £3.64 an hour for workers aged 16 to 17

So if my friend could convince her employer to provide a letter of continuing employment she could mention that she would be prepared to accept min wage rates...thereby reducing their employment costs (she already get higher than min)

That's my only thinking right now. As you say, it's very tough when you have built up a new life and then see no way to continue.

[joebloggs]

I believe it's possible to apply for ILR 28 days in advance of the exact 5 year date. .

absences in the 5 yr. period should not exceed 180 days in total and 90 days in a single trip. Work related absences can be discounted when supported by employer letter.

the qualifying period for ILR is 5yrs in the uk - upto 28 days.

so what is the date their visa was issued and when did they arrive in the uk ?

[yorkie]

Joebloggs - I dont know the exact dates, but I do know they didnt arrive in the UK until several weeks after their visas were issued. I know they have both returned to the Philippines since, but I doubt it exceeds 180 days in total, I see what you mean that the 16 days shortfall shouldnt matter provided they have been in the uk for most of the rest of the time, I'm not sure on what basis they worked out a 16 day shortfall so will check that witht hem. I think the problem is also that from what I understand they are unlikely to be able to get ILR without sponsorship from their employer.

Terpe-thanks for the options, I've passed that on hopefully it will be some help and I hope that your friend has success there too.

Thanks for both the replies