FTC and FORESEEABLE Circumstances

[irfanzafar]

Hi All,

Thanks in advance for your help & support. This forum has been a prime source of information, guidance and experience sharing for me since last 5 years.

Now I am planning to apply for my ILR under Tier-2 G (5 Year) route. I requested my employer to provide me letter of employment and absences. I am working for NHS on fixed term contract till Sep-2019 (does this FTC affects foreseeable future requirements). My 5 years on tier-2 will be completed in Feb-2019. Below is the letter I have received from my HR department. I am looking for your expert advise if this letter serve the purpose or needs to be changed/updated etc.

Private & Confidential
To Whom It May Concern
Re: Mr (XXXXX My Name), (XXXX My Address)
D.O.B: (XXXXXX)

This is to confirm that the above named person is employer by the (XXXX My Employer Name) as a (XXXX My Job Title) based at (XXXXX My Work Location).
Mr. (XXXX My Name) commenced employment with (XXXX My Employer Name) on the (XXX Date i.e. Feb-2014) and currently works 37.5 hours per week.
We can confirm that Mr. (XXXX My Name)’s employment as (XXXX My Job Title) with the Trust is Fixed Term.
Mr. (XXXX My Name)’s current salary is £XX,XXX per annum (inclusive of High Cost Area Allowance)
All information is given as true and accurate as at 22nd Nov-2018.
If you have any queries regarding this letter please do not hesitate to email me (XXX HR Admin’s email address)

Yours sincerely,

XXXXXXXX
HR administrator

[irfanzafar]

Respected All,

PSW expired on 11/02/2014
Tier-2 applied 07/02/2014
Tier-2 granted 06/03/2014 (date of issue on BRP)


Which date should I consider to calculate the 5 year period (i.e. my Tier-2 application submission date or Tier-2 Granted date)?

Any help would be appreciated. Thanks

[CULLINAN]

Respected All,

PSW expired on 11/02/2014
Tier-2 applied 07/02/2014
Tier-2 granted 06/03/2014 (date of issue on BRP)


Which date should I consider to calculate the 5 year period (i.e. my Tier-2 application submission date or Tier-2 Granted date)?

Any help would be appreciated. Thanks

From the date of your initial Tier 2 granted date i.e 06/03/2014. You can apply upto 28 days before 06/03/2019.

[irfanzafar]

Respected All,

I am working for NHS on Fixed Term Contract valid till end of August-2019. My 5 years of Tier-2 will complete in early March-2019 and I am planning to apply for my ILR in mid Feb-2019. Will this remaining period (6 months) of Fixed Term Contract have any adverse effect on my ILR application in regards of FORESEEABLE Circumstances?

Trust is already in process of approving this post as permanent.

Thanking in advance for your help.

Best regards.

[zimba]

You need the letter confirmation. So if they do not give you the 'we need him for a foreseeable future' letter you cannot get ILR

[irfanzafar]

Thanks for your reply.

Yes, they will issue me the said letter. However my confusion is about the duration (is 6 months period enough for FORESEEABLE Circumstances).

Thanks again.

[zimba]

Foreseeable means 'unlikely to change' in the future. Obviously having only 6 months left means they do NOT need you for a the foreseeable future. Hence there is need for that letter

[irfanzafar]

Hi Zimba,

Thanks for your reply. Feeling a bit worried now .
What time period you think would be sufficient to fulfil the condition of FORESEEABLE future?

Thanks again.

[zimba]

Essentially there should not be a time period at all

[irfanzafar]

Hi Zimba,

Thanks for your advise.
I discussed this issue with my manager and he has requested HR to start the process for making this post permanent. He already got budget approval etc from finance dept. My questions are:
1-Does my employer again need to meet RLMT reqirements?
2-What if they advertise it as internal post?
3-If I am successful do I need to reapply for my existing visa (my current visa will expire in 09-2019?

Thanks again.

Best regards,

[zimba]

Changing your position to permanent should not affect the Tier 2 visa. You simply need that letter for your ILR that is all