ILR 5 Years Tier 2 Route

[Danish1122]

Complete History

CASE 1

Tier 4 Student Visa (MSc Financial Management)
Arrived UK Jan 2014 - Expiry 28 Aug 2015.
Tier 2 Applied - 21/08/2015
BRP Card Issued: 08/10/2015 to 13/09/2017
Tier 2 License Suspended Jan 2016 and later revoked in July 2016.
Email Received for curtailment on 03/11/2016 Current Tier 2 Leave Curtailed to 02/01/2017.

CASE 2

Tier 2 Application on 29/12/2016 with New sponsor.
02/02/17 Received letter for Application delay due to exceptional complex issues.
01/04/2018 updated address with home office.
Decision Received on 24/05/2018 -refused application due to invalid COS (License of sponsor was cancelled during application process later i checked the sponsor forgot to renew the license). However decision letter date was 27/04/2018 and asked to leave the country in 14 days from the date of letter or a new application.
Admin review done on 30th May explaining the situation of letter received date and date on the letter, home office accepted the review application to be in time and admitted letter was initially posted to previous address however i changed address in time.
Admin Review Decision Received 27th June maintaining the original refusal decision but also mentioned the date of review application was in time and gave 14 days to leave the country unless otherwise.

CASE 3

Tier 2 Application on 09/07/2018 with new sponsor
Application Delay letter received due to complex issues etc.
Involved Local MP to speed up the process as have to join new job with sponsor.
Application Successful Letter received on 07/01/2019.
BRP Card was delayed and finally received on 22/01/2019.
Travelled outside UK for 11 days
Started Job= 11/02/2019
Current Tier 2 Leave Expiry = 28/08/2021.

Please advice if i am allowed to apply for ILR based on Tier 2 (5 Years Route) in Oct 2020. I have calculated 5 years from first Tier 2 issue to Now.
I have never overstayed and havent been on any other visa or application however Main concern is the time period for CASE 2 when application was in process for 1 Year 4 Months and later refused.

[zimba]

You can apply for ILR

[Danish1122]

Thank you for you reply.

So all the time i have spent in case 2 just because applications was in process for 1y 4 month i didnt work and later they refused the application, will this time be counted as Tier 2 and would be valid towards 5 years continuous period.

[zimba]

It will be discarded under paragraph 39E

[Danish1122]

Thank you for your help.

Could you please answer my few questions below:

1: In case 3 above i received visa application successful letter on 7th Jan 2019 however BPR card came on 22/01/2019 and later i started job with that employer on 11/02/2019 so there is almost a delay of 1 month how can i justify this?. I hope this isnt a big problem?

1: My current Tier 2 is valid until Aug 2021, if i apply for ILR in Oct 2020 God-forbid if it gets rejected will my current leave still stay valid until Aug 2021?

2: Do you reckon i should apply for 24hr Priority service? and if they cannt decide in 24hrs do they refund fees.

[CR001]

1: In case 3 above i received visa application successful letter on 7th Jan 2019 however BPR card came on 22/01/2019 and later i started job with that employer on 11/02/2019 so there is almost a delay of 1 month how can i justify this?. I hope this isnt a big problem?

No, you are overthinking.

1: My current Tier 2 is valid until Aug 2021, if i apply for ILR in Oct 2020 God-forbid if it gets rejected will my current leave still stay valid until Aug 2021?

A refusal of ILR does NOT cancel or affect your Tier 2 visa.

2: Do you reckon i should apply for 24hr Priority service? and if they cannt decide in 24hrs do they refund fees.

Super priority service is currently suspended and no updates on when it will resume. If it takes longer than the service you paid for, you usually get the £800 back. But note that if HO emails you within 24 hours to advise that there will be a delay, you don't usally get it back as they have communicated with you within the timeframe. Note also that super priority service, when available, is not a guaranteed service.

[Danish1122]

Thank you Guys for your help.

Please refer to case 1.

Q1: Should i count 5 years from the date of first Application for Tier 2 or from the date BRP card issued.

Q2: Salary Requirement from April 2020 is £36,200. If i am applying in OCT 2020 from when should my salary be £36,200 in order to fully meet the requirement at the time of application in OCt 2020.

Many Thanks

[CR001]

Q1: Should i count 5 years from the date of first Application for Tier 2 or from the date BRP card issued.

Your residence starts counting from the visa issue/start date. Date of application is irrelevant.

Q2: Salary Requirement from April 2020 is £36,200. If i am applying in OCT 2020 from when should my salary be £36,200 in order to fully meet the requirement at the time of application in OCt 2020.

You are only required to submit one payslips and one months corresponding bank statement. Note that if you get a sudden large increase shortly before applying for ILR and for the purpose of meeting the ILR requirement, it raises a red flag to HO instantly. What is your SOC?

[Danish1122]

Job type:2421 Chartered and certified accountants

Currently on Salary of 30k

I have a appraisal due but was delayed due to Covid 19.

What do you suggest?

[Danish1122]

Thank you

SOC Code: 2421 Chartered and certified accountants

Currently on Salary of 30k

I have a appraisal due but was delayed due to Covid 19.

Please advice

Thanks

[Danish1122]

Another quick question please.

1.Could you please explain do i need to mention all the absence from work like local holidays or only absence outside UK on letter from employer.

2. MY case 2 raises alot of complication due to not working and waiting for visa, do you suggest i should prepare a covering letter explaining the situation and Section 3C and later as you mentioned discretion can be provided to me based on section 39E. Do we need to provide a good reason for them to consider section 39E.

Your reply would be much appreciated.

[zimba]

1. Include all if you can
2. No need

[Danish1122]

Thank you Zimba for your help.

CR001 asked me about my SOC code.

Job type:2421 Chartered and certified accountants

Currently on Salary of 30k

If i am applying in OCT 2020 is this a good time to persuade my manager for appraisal.

Many Thanks

[zimba]

You have no other option as you do not meet the min required salary for ILR (It is set at £36,200 if applying on or after 6 April 2020). As you were advised before, any salary increase to put you above the threshold could be a red flag and may lead to an investigation of you/your sponsor by Tier 2 compliance team

[Danish1122]

Hi Guyz
Going through the application process and rules, if you could please advice.

In 5 years on Tier 2 in between there were 18months in which application was in process. Applied 29/02/16 And after 6 to 7 months sponsor lost the license as they missed the deadline to renew and home office refused the application after 18months from application date. Now this period i didnt work and application refused will this be counted under section 3C?

Also in immigration Rules Work Permit Employment
Section 128 (i) do i fulfil that rule that i was in continuous employment where as i wasnt and also what does 60days limit means in this rule.

Please help

[zimba]

Hi Guyz
Going through the application process and rules, if you could please advice.

In 5 years on Tier 2 in between there were 18months in which application was in process. Applied 29/02/16 And after 6 to 7 months sponsor lost the license as they missed the deadline to renew and home office refused the application after 18months from application date. Now this period i didnt work and application refused will this be counted under section 3C?

Also in immigration Rules Work Permit Employment
Section 128 (i) do i fulfil that rule that i was in continuous employment where as i wasnt and also what does 60days limit means in this rule.

Please help

Yes, section 3C applies. Tier 2 General rules are under Immigration rules part 6a. The work permit employment is a separate thing not relevant to you

[Danish1122]

Thank you for your help.
Sponsor license was revoked in June 2016 whereas i wasnt informed and i kept on working until leave curtailment emailed received from homeoffice in November 2016.
I was given 2 months to file new applications or leave, found new employer and issued New COS on 29th December 2016.
I wasnt in employment for more thn 60 days rule at that time, from November 2016 to until refusal received 24/05/2017.
No employment from new applications 12th July 2018 until visa issued in Jan 2019.

I m curious to know if these loopholes in my application are covered under law.

[zimba]

Thank you for your help.
Sponsor license was revoked in June 2016 whereas i wasnt informed and i kept on working until leave curtailment emailed received from homeoffice in November 2016.
I was given 2 months to file new applications or leave, found new employer and issued New COS on 29th December 2016.
I wasnt in employment for more thn 60 days rule at that time, from November 2016 to until refusal received 24/05/2017.
No employment from new applications 12th July 2018 until visa issued in Jan 2019.

I m curious to know if these loopholes in my application are covered under law.

There is no immigration law, the law gives power to the secretary of the state (home office) to set out immigration rules as they see fit.
The gap in employment for Tier 2 migrants is NOT a factor affecting ILR anymore. This was changed a few years ago. See a post pinned on top of the forum covering this topic

[Danish1122]

Thank you for your help everyone.

I have to ask my previous employer for absence letter but have realised few issues.

1: Sponsor License Revoked in June 2016 and I went pakistan in October and while i was there i received curtailment letter via email. Now these holidays i took i was still working with same employer as i didnt know until curtailment email.
So the above absence from UK should be mentioned by this employer on letter head as paid holidays.

2: Sponsor License revoked in June 2016 but i kept on working with same employer until curtailment received in early November and that is when i was issued P45. Please advice if its ok?

[zimba]

DO NOT bump your post by reposting the same query over and over again You will get an answer when someone has an answer for you. Your access to the forum could be terminated if you do not refrain from doing this.

[Danish1122]

Hi All,
You guyz are amazing, and doing a wonderful job by helping people.
Just want to clarify my intention was never to do such a thing i had a misunderstanding that you normally reply so quick maybe my post is not been uploaded thats why I tried again.
Sincere apologies

[Danish1122]

I m filling the application SET(O) could you please help me with the below question.

When did you first Enter the Uk?
This is the day when you entered Uk when the period of stay you are basing this application on started

Is this start of tier 2 first visa is this when i entered uk on tier 4??

[AmazonianX]

I m filling the application SET(O) could you please help me with the below question.

When did you first Enter the Uk?
This is the day when you entered Uk when the period of stay you are basing this application on started

Is this start of tier 2 first visa is this when i entered uk on tier 4??

If you are applying ilr based on 5 yes on tier 2 then it is the entry on tier 2that you will use

[Danish1122]

Guyz i am in a bit of situation, if you could please help.

My latest Tier 2 application was approved on 07th Jan 2019.
BRP issued 22/01/2020.

I went pakistan for 9 working days from 29th Jan to 10Feb 2019
Joined New Employer: 11th Feb 2020

Please advice how should i put these 9 days of absence on employer letter.
Should it be authorised unpaid leave but employer didnt inform homeoffice so that can be a issue
One of main reason i was allowed this holiday was that was desk wasnt setup and was waiting for approval for access to work station(server) so mean while i decided to visit home after consulting with employer


Please advice i am really stressed.

[Danish1122]

Sorry guyz
Messed up dates.

BRP Card issued :22/01/2019

Joined Employer: 11/02/2019