TIER 2 ICT and ILR

[poshia]

Hi,

I will be completing my 5 years in TIER 2 Intra Company Transfer in Dec 2014.

My employer is willing to provide me an extension only until Dec that covers my Maternity Leave period from June - Dec.

Can I apply for ILR come November/Dec? How should I go about providing documents mentioned in SET (O) form under section 11P:

************************************************************************************************************************************
A document from the sponsor who issued the certificate of sponsorship that led to your last permission to stay
as a Tier 2 migrant confirming that you are:
- still required for the employment in question, and
In the case of Tier 2 (General) migrants and Tier 2 (Intra Company Transfer) migrants this document should
also contain:
- confirmation that you are still required for the employment in question, and
- the nearest applicable SOC code which best describes your employment
- Your current rate of pay (this should be given in the same format as given in the codes of practice, for
example hourly rate or yearly salary), and
- confirmation that this is at or above the appropriate rate for the job as stated in the codes of practice for
Tier 2 sponsors.

************************************************************************************************************************************

Please help!

Regards
Poshi

[Apam]

The documents are just as listed in 11p. Ask your employer to inform ukba when you start maternity leave.
At ilr your salary will be less than SOC so you need to provide last payslip before you started maternity to confirm you were paid appropriately as per tier 2 codes of practice.
They should also confirm that you are still needed in your current job, etc.
see FAQs in tier 2 employer letter on this website, all your answers are there.

[poshia]

Thanks for your response.

But my query is about my employer wants to send me back in dec 2014 soon after my maternity leave. Since I ll be completing 5 years during same time, can I still apply for PR.

So can I use the CoS letter provided by the employer for until dec end??

I fail to understand why a letter from employer is required when one is submitting case for indefinite leave to reamain. A person can switch job anyway after getting ILR. Isint it?

[Apam]

Poshia
What you need to be clear about is that tier 2 is EMPLOYER SPONSORED!!!! If your employer no longer needs you , ilr will not be approved even though you've lived here for 5 years or more. You are in the uk because of your current employer. ...not by yourself like tier 1.
Will suggest you speak nicely to your employer to give you the letter with details as per ukba requirements, otherwise you will get no where unfortunately!

[Apam]

Otherwise change to a tier 2 general in country and you will be eligible for ilr with no problems.

[poshia]

Hi Apam,

Thanks for your explanation. It all makes sense.

One last query if I am getting employer letter covering my maternity period from June 2014 - Dec 2014 then can I apply for ILR in Nov 2014 using the same letter? Or do I need another letter from employer post dec 2014 ?

Many thanks for your help!

Regards
Poshi

[Apam]

All details of the employer letter still stands as discussed above. Only addition will be your maternity leave june to December to explain why your salary is lower than required for SOC. As I stated prevoiusly your employer will have to inform ukba when you start maternity leave. ....because during this time your pay will be less than that stated on cos. It's part of their reporting duties.