ILR Questions(Tier 2 General) Please help!!

[YXLinlondon]

Dear moderators and members,

I am about to apply ILR (5 year T2 General ) next month and have questions below. I would be grateful to have your guidance and advice.

1) I just realised that passport renewal needs to report to OVRO within 7 days while I have not done this since getting my new passport (with a different passport number) 18 months ago. Unfortunately, the OVRO has been temporarily closed due to Covid and the earliest appointment date is in June 2021. So can I go to the local police office to change it or just ignore this and submit the ILR application instead?

Does this need to be updated with UKVI as well ?

2) I have two employment during 5 years. I have read lots of similar topics on the forum but have not concluded the actual answers. With my current employer, do they just need to identify/prove work trip or even non-work trips which they wouldn't even know about? (I will do an excel to summarise all my trips separately regardless)

What about former employer, do they need to do this as well?


3) My COS salary states at 40k however I have got a monthly car allowance which adds up the sum of 45k. That has been reflected on the Payslip. Does HR needs to explain why its 45k rather than 40k?

Thank you very much !!!
YX

[zimba]

1. Minor issue, not important
2. All your employer(s) must give you a letter that all your absences from work were approved by them
3. No

[YXLinlondon]

Thank you very much Zimba.

I have luckily found a slot tomorrow to go OVRO. However I have now also noticed that I failed to update my visa status when holding tier 5 prior to T2. Neither do I update my previous work address when that has changed. I don not have my T5 BRP card anymore and no proof in my hand to show previous office has changed the address. should I honestly mention this to the stuff or just pretend that never happens?

[zimba]

Again this is a minor issue but report it to OVRO anyway

[YXLinlondon]

Thank you very much for your advice. Really appreicate that.

[YXLinlondon]

Now I have another new issue.

With my previous employer - a small company. They cannot for sure to confirm the actual start and end date of my employment. Is there anyway I can check from other sources for example HMRC or Home office? But again - Which source does the caseworker use to track detail like this? Will that be a case where the employment date in HMRC is not the same with HO Record?

I think the previous employer has not reported my leave to HO on time and kept me on payroll for 2 weeks even though I have already joined my current company. That results in two earnings for 2 weeks. I am not sure if this will cause a problem?

Many Thanks

[zimba]

Now I have another new issue.

With my previous employer - a small company. They cannot for sure to confirm the actual start and end date of my employment. Is there anyway I can check from other sources for example HMRC or Home office? But again - Which source does the caseworker use to track detail like this? Will that be a case where the employment date in HMRC is not the same with HO Record?

I think the previous employer has not reported my leave to HO on time and kept me on payroll for 2 weeks even though I have already joined my current company. That results in two earnings for 2 weeks. I am not sure if this will cause a problem?

Many Thanks

The previous employer simply needs to given an absence letter

[YXLinlondon]

Please could I also understand the qualifying period in my case

My Tier 2 vignette entering the UK is Valid from : 24/01/16 - 23/02/16
My Tier 2 BRP Card is valid from: 15th of Jan 2016
My entry in Uk is on 27th of Jan 2016
My job starts on 1st of Feb 2016


1) My understanding is the 5 year qualifying period starts from the visa issue date. But in that case, does it start from the BRP card or the Vignette issue date? ( I think I have got my Vignette first in home country and then having brp in UK? Since I changed job I no longer had the previous brp but the vignette on my passport)

2) I haven't entered in UK till 27th of Jan. Do I need to include the days between the visa issue date till the start of the employment as absence days in the letter? In which case is from 15th of Jan - 27th of Jan? Does the employer also need to prove that?

Thank you

[CULLINAN]

1) Better to go by the BRP date.

2) No

[YXLinlondon]

Thank you very much but sorry for asking the same question again. As I found my case seems different from others who obtained T2 within UK.

I applied my first T2 from my home country. Therefore I have got my visa entry clearance vignette first for the purpose to enter the UK and collected the BRP in the post office later. Somehow the BRP issue date is earlier than the date of the entry clearance vignette. And my BRP states "leave to enter " rather than "leave to remain."

I have seen all the different answers on the qualifying period and completely lost. Apart from the answer of based on the brp issue date which I hope its the case, I have got other two possible answers from credible resources:

1- My solicitor friend is saying if ILR qualifying visa was obtained out of the country, then the clock starts from the day when the applicant first enters the UK.

2- I have read the Homeoffice document where it says:
"Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved." As Mine is LEAVE TO ENTER so I understand the qualifying period should start from the entry clearance vignette issue date according to this?

I knew it was only 2 weeks difference. But given that it was so close to Christmas which leads the difficulties of getting all documents ready. Also, another related issue is my bank statement which is issued on every 25th and my salary comes on 28th. If unfortunately, I have to apply on 30th of Dec （Based on my entry date) and haven't got my Dec statement and payslip on time which is very likely.

Is a Nov statement stating Oct salary payment is acceptable? (Given each month amount is different and also the dates are older than 28 days )

I really don't want to wait another one month so would appreciate a clear answer on this.

Thank you very much

[CULLINAN]

Thank you very much but sorry for asking the same question again. As I found my case seems different from others who obtained T2 within UK.

I applied my first T2 from my home country. Therefore I have got my visa entry clearance vignette first for the purpose to enter the UK and collected the BRP in the post office later. Somehow the BRP issue date is earlier than the date of the entry clearance vignette. And my BRP states "leave to enter " rather than "leave to remain."

I have seen all the different answers on the qualifying period and completely lost. Apart from the answer of based on the brp issue date which I hope its the case, I have got other two possible answers from credible resources:

1- My solicitor friend is saying if ILR qualifying visa was obtained out of the country, then the clock starts from the day when the applicant first enters the UK.
Option 1 seems correct
2- I have read the Homeoffice document where it says:
"Your qualifying period can include time from the date your initial application (for entry clearance or leave to remain) was approved." As Mine is LEAVE TO ENTER so I understand the qualifying period should start from the entry clearance vignette issue date according to this?

I knew it was only 2 weeks difference. But given that it was so close to Christmas which leads the difficulties of getting all documents ready. Also, another related issue is my bank statement which is issued on every 25th and my salary comes on 28th. If unfortunately, I have to apply on 30th of Dec （Based on my entry date) and haven't got my Dec statement and payslip on time which is very likely.

Is a Nov statement stating Oct salary payment is acceptable? (Given each month amount is different and also the dates are older than 28 days )

I really don't want to wait another one month so would appreciate a clear answer on this.

Thank you very much

Since the BRP date is older and you entered on the vignette, I would say the solicitor friend’s understanding is correct. Safest is to take entry date in UK as a reference in your case.
Date of application is the date you pay and submit online. Biometrics date is irrelevant. Arrange documents date accordingly.
As long the salary hits your account before you apply and the statement is generated, you can upload the documents anytime before biometrics, that is not an issue.

[YXLinlondon]

That puts me into a more confusing situation. Is there any official document to prove that point, please?

[CULLINAN]

That puts me into a more confusing situation. Is there any official document to prove that point, please?

That would be the safest approach. Read the edited message as above also.

[CULLINAN]

Also, to be honest, whenever you apply, as long the decision is made on a date when you actually qualify your application will be successful. These days biometrics appointments are running at a 28 days lag. So the “two week” as above will be meaningless anyways. Your decision cant be made before biometrics. So nothing to worry.

[YXLinlondon]

Thank you Cullinan

Could you kindly have a look if the below is sufficient for Employer letter as well as absence letter?

I write to confirm the ongoing permanent employment of xxx as xxx. Her employment is required at xxx for the foreseeable future.

I would also like to confirm that the SOC code that most closely matches her current employment remains
‘xxx
Her annual salary is xxx, which is above the appropriate rate stated in the codes of practice for someone in SOC code xxx. The payslip attached is a true and accurate breakdown of xxx’s earnings.

If any further information is needed in support of this application please do not hesitate to contact me.


Absence letter

To whom it may concern,
CONFIRMATION OF UK ABSENCE FOR xxx

xxx’s absences from work during her employment have been consistent with her standard annual leave entitlement and work-related travel. The following are dates detailing her absence from the UK, since xxx and also specifying reasons of absence. Please note that she was paid full time salary during these absences.

absence table attached.


Thank you very much!!!

[CULLINAN]

[YXLinlondon]

Could I please check one point which might sound silly....

is " Her employment is required at xxx for the foreseeable future." sufficient? As I have seen most people in the forum, as well as HO Guidance wrote as is "still employed and will remain required in the foreseeable future"

[CULLINAN]

No issues. Your employer stated “permanent employment.”

[YXLinlondon]

No issues. Your employer stated “permanent employment.”

Thank you so much! I have got another two questions for the employment letter:

- Does the letter require to include an employment start date？ (Mine doesn't have that)
- Does it need to say state the annual salary is based on xxx hours/week ? (Mine doesn't say either)


As I have only got one chance to amend it right (Our HR Will be on leave from wed), so would appreciate your help!

[CULLINAN]

indefinite-leave-to-remain/employer-let ... 67381.html

[YXLinlondon]

indefinite-leave-to-remain/employer-let ... 67381.html

Thank you so much! I am now ready!

[YXLinlondon]

Apologies for keeping asking. I have found that on the HO guidance "the sponsor must confirm that they still require the applicant to work for them for the foreseeable future, and that the applicant is paid, and will be paid for the foreseeable future"

Does it mean in the employer letter, it needs to state that the applicant is paid for the foreseeable future also?

Does the employer letter must to state FULL-TIME?

Those questions are giving me a headache
Thank you .

[CULLINAN]

Apologies for keeping asking. I have found that on the HO guidance "the sponsor must confirm that they still require the applicant to work for them for the foreseeable future, and that the applicant is paid, and will be paid for the foreseeable future"

Does it mean in the employer letter, it needs to state that the applicant is paid for the foreseeable future also?

Does the employer letter must to state FULL-TIME?

Those questions are giving me a headache
Thank you .

You are overthinking.

[AmazonianX]

Apologies for keeping asking. I have found that on the HO guidance "the sponsor must confirm that they still require the applicant to work for them for the foreseeable future, and that the applicant is paid, and will be paid for the foreseeable future"

Does it mean in the employer letter, it needs to state that the applicant is paid for the foreseeable future also?

Does the employer letter must to state FULL-TIME?

Those questions are giving me a headache
Thank you .

You are overthinking.

As Cullinan said, you are over thinking. Any employment puts the obligation of wage payment on employer as slavery/servitude is illegal. So once the letter state the applicants services is required for the foreseeable future there is an implied commitment to remuneration for the services he or she will render.

[YXLinlondon]

Thank you very much for clarifying. I have benefited a lot from this forum and all moderators.