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Help required - Tier 2 G to ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Al33
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Tier 2 general to ILR

Post by Al33 » Sun Nov 12, 2017 1:40 am

Hi Moderators,

My ILR is due in Feb 2018, I would appreciate if any moderator help me by answering below:

Company A: visa issue March 2013 till Dec 2015

Last day at work was 14 Oct 2014, joined company B on 17 Oct 2014, worked 10 days extra even the visa was granted for company B and also there were two days unpaid (15 and 16 Oct)

Company B: Visa issues 04 Oct 2014 till 17 Oct 2017

Last day at work was 29 Feb 2016, visa for company C was granted on 26 Feb 2016 whereas on BRP was stamped as 08 March 2016 but I joined company C on 11 March 2016 (about 10 days Unpaid)

Company C: Visa issue 08 March 2016 till 26 march 2019 Currently working


Question No1: In above condition, am i still able to go for ILR 28 days before 26 march 2018

Question No2: I travel abroad twice once while i was with Company A for 27 days all paid and Second with my current employer for 17 days all paid, do i need to get a letter from Company A for my holidays abroad

Many Thanks

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zimba
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Re: Tier 2 general to ILR

Post by zimba » Sun Nov 12, 2017 1:36 pm

Question No1: In above condition, am i still able to go for ILR 28 days before 26 march 2018
Yes, as you had no gaps of more than 60 days between your employments
Question No2: I travel abroad twice once while i was with Company A for 27 days all paid and Second with my current employer for 17 days all paid, do i need to get a letter from Company A for my holidays abroad
Yes
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Al33
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Re: Tier 2 general to ILR

Post by Al33 » Sun Nov 12, 2017 10:29 pm

Thanks Zimba88 , always very helpful

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Re: Tier 2 general to ILR

Post by Al33 » Sun Dec 17, 2017 10:47 pm

Question No2: I travel abroad twice once while i was with Company A for 27 days all paid and Second with my current employer for 17 days all paid, do i need to get a letter from Company A for my holidays abroad
Yes
1- Could you please suggest me about the format of absence letter from previous employers (all the holidays were paid and never been to outside the UK for business)
2- Letter format from current employer.

Many thanks,

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CR001
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Re: Tier 2 general to ILR

Post by CR001 » Mon Dec 18, 2017 10:02 am

indefinite-leave-to-remain/employer-let ... 52143.html

There is no template letter for your employer but it MUST state that you 'are required for the foreseeable future and that you will be paid at your current salary for the foreseeable future'

indefinite-leave-to-remain/employer-let ... 76413.html
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Al33
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Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Re: Tier 2 general to ILR

Post by Al33 » Thu Dec 21, 2017 8:35 pm

Thanks CR001.

Another questions related to same, Tier 2 general was granted me on 26-03-2013 whereas i joined one week after visa issue date i.e. 02-04-2013, am i still able to apply ILR 28 days before completion of 5 years

Thanks

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makky86
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Re: Tier 2 general to ILR

Post by makky86 » Thu Dec 21, 2017 9:27 pm

Al33 wrote:
Thu Dec 21, 2017 8:35 pm
Thanks CR001.

Another questions related to same, Tier 2 general was granted me on 26-03-2013 whereas i joined one week after visa issue date i.e. 02-04-2013, am i still able to apply ILR 28 days before completion of 5 years

Thanks
That is fine. You can stll apply within 28 days completing 5 years
II Youths a stuff neve endures II

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Tier2G To ILR - Letter from Ex employer

Post by Al33 » Tue Jan 09, 2018 5:32 pm

Dear Moderators,

I have bit confusion about the letter from my previous employers, I travelled abroad once while i was working with employer A and once with my recent employer.

All these holidays were paid annual leaves (Never went outside UK on business trip)

1) Do I still need letter from employer A, if yes what should it say?
2) I did not travel abroad with employer B and all the holidays were paid, do i need letter from B
3) Do I need to mention about my outside UK holidays in letter from current employer?


Thanks

Akorotaeva
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Re: Tier2G To ILR - Letter from Ex employer

Post by Akorotaeva » Tue Jan 09, 2018 5:47 pm

1. Yes, it should confirm your trip abroad was authorised as per annual leave allowance.

2. No, not if you did not leave the UK.

3. Yes, same as 1.

Al33
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Re: Tier2G To ILR - Letter from Ex employer

Post by Al33 » Sat Jan 20, 2018 10:24 am

Hi,

I received a letter from employer A, in the letter it says from my 20 days outside UK, 2 days were unpaid:

1) Will this make any issue?

2) I cant remember if it was paid or unpaid but i can see full salary received during those months, how can i resolve this issue (I did wrote an email back to HR with my bank screen shots)

Thanks in advance

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Re: Tier2G To ILR - Letter from Ex employer

Post by Al33 » Sat Jan 20, 2018 11:00 pm

Hi All,

can anyone reply on this, it is bit urgent. Thanks

mspr335
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Re: Tier2G To ILR - Letter from Ex employer

Post by mspr335 » Sun Jan 21, 2018 7:32 am

unpaid leaves should not exceed 4 weeks in a calendar year. 2 days should not be an issue.

Check tier 2 sposnor guide - page 113 - 26.24

https://www.gov.uk/government/uploads/s ... 8_v1.0.pdf

26.24 You must not continue to sponsor a migrant who is absent from work without
pay for 4 weeks or more in total, other than for the reasons listed above. You
must report this using your SMS account. This applies whether the migrant is
absent from work over a single period or more than one period during any
calendar year (1 January to 31 December). The 4 weeks is worked out
according to the migrant’s normal working pattern.
An example of this is if the migrant works 3 days per week (3 days x 4 weeks),
it would be 12 working days.

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Re: Tier2G To ILR - Letter from Ex employer

Post by Al33 » Sun Jan 21, 2018 1:35 pm

mspr335 wrote:
Sun Jan 21, 2018 7:32 am
unpaid leaves should not exceed 4 weeks in a calendar year. 2 days should not be an issue.

Check tier 2 sposnor guide - page 113 - 26.24

https://www.gov.uk/government/uploads/s ... 8_v1.0.pdf

26.24 You must not continue to sponsor a migrant who is absent from work without
pay for 4 weeks or more in total, other than for the reasons listed above. You
must report this using your SMS account. This applies whether the migrant is
absent from work over a single period or more than one period during any
calendar year (1 January to 31 December). The 4 weeks is worked out
according to the migrant’s normal working pattern.
An example of this is if the migrant works 3 days per week (3 days x 4 weeks),
it would be 12 working days.
Many Thanks, very helpful.

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Absences Tier 2 General

Post by Al33 » Sun Jan 21, 2018 9:03 pm

Hi Moderators,

Do i need a letter from my previous employer if I travel abroad during employment with them but these holidays were not in connection with employment. (It was my personal visit)

Thanks

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makky86
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Re: Absences Tier 2 General

Post by makky86 » Sun Jan 21, 2018 9:08 pm

Al33 wrote:
Sun Jan 21, 2018 9:03 pm
Hi Moderators,

Do i need a letter from my previous employer if I travel abroad during employment with them but these holidays were not in connection with employment. (It was my personal visit)

Thanks
Yes, you need letter for any absenses from the UK. It does not matter if it was employment relateed or personal. Your employer would need to provide letter to confirm it was fully paid.
II Youths a stuff neve endures II

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Re: Absences Tier 2 General

Post by Al33 » Sun Jan 21, 2018 9:16 pm

makky86 wrote:
Sun Jan 21, 2018 9:08 pm
Al33 wrote:
Sun Jan 21, 2018 9:03 pm
Hi Moderators,

Do i need a letter from my previous employer if I travel abroad during employment with them but these holidays were not in connection with employment. (It was my personal visit)

Thanks
Yes, you need letter for any absenses from the UK. It does not matter if it was employment relateed or personal. Your employer would need to provide letter to confirm it was fully paid.
But i read below, point 263 in below link, your statment negate below: (Apologies, but i need clarity- :) )
https://www.gov.uk/government/uploads/s ... 18__2_.pdf
If any of your absences are in connection with employment you will need to provide a letter
from the relevant employer detailing the purpose and period of absences, including
periods of annual leave.

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makky86
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Re: Absences Tier 2 General

Post by makky86 » Sun Jan 21, 2018 9:21 pm

But i read below, point 263 in below link, your statment negate below: (Apologies, but i need clarity- :) )
https://www.gov.uk/government/uploads/s ... 18__2_.pdf


If any of your absences are in connection with employment you will need to provide a letter
from the relevant employer detailing the purpose and period of absences, including
periods of annual leave.
I am not sure what is your confusion? It is asking to provide letter for absenses including employer related, annual leave etc.
II Youths a stuff neve endures II

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Re: Absences Tier 2 General

Post by Al33 » Sun Jan 21, 2018 9:26 pm

makky86 wrote:
Sun Jan 21, 2018 9:21 pm
But i read below, point 263 in below link, your statment negate below: (Apologies, but i need clarity- :) )
https://www.gov.uk/government/uploads/s ... 18__2_.pdf


If any of your absences are in connection with employment you will need to provide a letter
from the relevant employer detailing the purpose and period of absences, including
periods of annual leave.
I am not sure what is your confusion? It is asking to provide letter for absenses including employer related, annual leave etc.
I received a letter from my previous employer stating that 2 days were unpaid during my 20 days holidays from outside UK, i am reluctant to add this letter with my application. Please advise

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Re: Absences Tier 2 General

Post by Al33 » Sun Jan 21, 2018 9:47 pm

makky86 wrote:
Sun Jan 21, 2018 9:21 pm
But i read below, point 263 in below link, your statment negate below: (Apologies, but i need clarity- :) )
https://www.gov.uk/government/uploads/s ... 18__2_.pdf


If any of your absences are in connection with employment you will need to provide a letter
from the relevant employer detailing the purpose and period of absences, including
periods of annual leave.
I am not sure what is your confusion? It is asking to provide letter for absenses including employer related, annual leave etc.
My confusion is:
1) I received a letter from my previous employer stating that 2 days were unpaid during my 20 days holidays from outside UK, i am reluctant to add this letter with my application. Please advise
2) Does unpaid holidays make any difference

Thanks

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makky86
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Re: Absences Tier 2 General

Post by makky86 » Sun Jan 21, 2018 10:35 pm

1) I received a letter from my previous employer stating that 2 days were unpaid during my 20 days holidays from outside UK, i am reluctant to add this letter with my application. Please advise
This is all good , no need to get worried. You can take some unpaid leave as long as it does not go over 28 days in a year.
II Youths a stuff neve endures II

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Re: Absences Tier 2 General

Post by Al33 » Mon Jan 22, 2018 8:33 pm

makky86 wrote:
Sun Jan 21, 2018 10:35 pm
1) I received a letter from my previous employer stating that 2 days were unpaid during my 20 days holidays from outside UK, i am reluctant to add this letter with my application. Please advise
This is all good , no need to get worried. You can take some unpaid leave as long as it does not go over 28 days in a year.
Thank you

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Re: Tier 2 general to ILR

Post by Al33 » Sat Feb 03, 2018 10:30 pm

makky86 wrote:
Thu Dec 21, 2017 9:27 pm
Al33 wrote:
Thu Dec 21, 2017 8:35 pm
Thanks CR001.

Another questions related to same, Tier 2 general was granted me on 26-03-2013 whereas i joined one week after visa issue date i.e. 02-04-2013, am i still able to apply ILR 28 days before completion of 5 years

Thanks
That is fine. You can stll apply within 28 days completing 5 years
Thank you.

Al33
Junior Member
Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Calculating the specified continuous period

Post by Al33 » Sun Feb 04, 2018 9:42 pm

Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application
Can anyone please explain what does above paragraph means?

Al33
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Posts: 52
Joined: Mon May 15, 2017 11:46 pm

Re: Calculating the specified continuous period

Post by Al33 » Mon Feb 05, 2018 1:12 pm

Can someone please shed light on it? Thanks

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CR001
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Re: Calculating the specified continuous period

Post by CR001 » Mon Feb 05, 2018 1:24 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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