Applying for ILR from tier 2

[underfire222]

Hello guys,

I am currently working in the UK under a Tier 2 Visa. I have some inquiries as regard applying for an indefinite leave to remain (ILR)

1. As regard the qualifying period for applying for an ILR. My understanding is that corresponds to the last 28 days prior to your 5th anniversary in the UK on a tier 2 visa and that is the period where you are eligible to apply for an ILR. My question is, am I only allowed to apply for an ILR during these 28 days only? Can't I apply beyond these 28 days because you are allowed to remain in the UK under tier 2 for a maximum of 6 years. Therefore can't I apply during my 6th year of my tier 2 visa if need be?

2. One of the requirements of ILR is a minimum salary of atleast 35,000 (I presume). Does this the gross salary (ie the basic + guaranteed allowances) or the basic salary only? And how can I proof this, what documents can I present?

3. Finally, For ILR, there is a requirement of proving that your current employer still wants you to work for them. How can I proof that?

Many thanks in advance everyone for your generous advice and info.

[krisv]

1. 28 days before 5 years is the earliest you can apply. So yes, you can apply in 6th year.

2. I dont know about guaranteed allowances. Document: Just latest payslip to prove that Gross is > 35k.

3. You need a letter from your employer stating "would be needed in his/her current role for the foreseeable future"

[CR001]

1. As regard the qualifying period for applying for an ILR. My understanding is that corresponds to the last 28 days prior to your 5th anniversary in the UK on a tier 2 visa and that is the period where you are eligible to apply for an ILR. My question is, am I only allowed to apply for an ILR during these 28 days only? Can't I apply beyond these 28 days because you are allowed to remain in the UK under tier 2 for a maximum of 6 years. Therefore can't I apply during my 6th year of my tier 2 visa if need be?

You can apply in your 6th year if you wish to. The 28 days means you cannot apply any sooner than 28 days before reaching 5 years. There is no rule that this is the ONLY time frame that you can apply and if you miss you can't apply.

2. One of the requirements of ILR is a minimum salary of atleast 35,000 (I presume). Does this the gross salary (ie the basic + guaranteed allowances) or the basic salary only? And how can I proof this, what documents can I present

?
Wait for others to respond on whether allowances (depending on what they are) are included.

3. Finally, For ILR, there is a requirement of proving that your current employer still wants you to work for them. How can I proof that?

Yes, it is mandatory to submit a letter from your employer that 'you will be required in your position for the foreseeable future....'

[Frontier Mole]

Salary of £35,000 does not normally include allowances.
If the allowances are location based and everyone in your location gets the allowances then it should be ok.
If it is a car allowance or something similar then the answer is a no.

[underfire222]

Thanks you all for your kind replies.

[underfire222]

Just 2 more question please. I do apologise if they seem like complex questions. I tried to make it simple with an example

Question 1.As regard the letter from my employer that they still want me. Do they have to specify the term 'foreseeable Future'. For instance what if Im working with an employer and my contract with them is for 2 years, ending 1/8/2021 and my qualifying period (ie the last month of my 5 years on tier 2) is in 1/4/2020. So I have above a year with them past my qualifying period on my contract. If I get a letter from my employer stating that they want me until 1/8/2021, is that enough to get an ILR or do they have to say 'foreseeable future'

Question 2. If I am in a job that expires on 1/8/2020 and my qualifying period is 1/4/2020. Thus I will have only 4 month left in my contract when I pass the qualifying period. I understand in that case it would be unlikely that I get an ILR in that case, as I will only have 4 month left in my contract. Therefore if I get a new job on 1/8/2020 which is atleast a year or 2. In that case I would presume that I will have to apply for an extension of my tier 2 with another COS and then apply for an ILR when Im sponsored by my new employer. But in that case, If the contract is for exapmle '2 years' ending 1/8/2022 and my max 6 years on tier 2 ends on 1/4/2021. What should be the dates on my COS, should my employer intially give me a COS until the end of my 6 years (ie until 1/4/2021) and then after getting the new tier 2 visa apply for an ILR a couple of months before the end of my 6 years on tier 2. Will that do the trick?

Again many thanks and sorry for asking complicated questions

[CR001]

Don't confuse the requirement for the letter with your contract. The length of your contract is irrelevant once you get ILR anyway.

The letter is required as I have stated. There have been refusal due to the letter not being correct.