[WP - Tier 1 - Tier 2] application to ILR

[conan_hn]

Hi all

I am asking the following questions on my wife's behalf. Her circumstance is slightly more complicated and it would be very much appreciated if you would help us clarify if she will be eligible for ILR:

Let me start by giving you some info about her background:

• - September 2008: Started working under a work permit (5-year permit: 23/09/08 - 23/09/13).
  
  - January/February 2011: Was made redundant and had to leave the company by 28/02/2011 so she applied for the Tier 1 visa during Feb 2011.
  
  - March 2011: had her (now current) Tier 1 visa granted (from 21/03/2011 - 21/03/2013).
  
  - May 2013: She then received a job offer from (and ended up working for) the same employer but different department.
  
  - March 2013: her current Tier 1 visa expires and will have to switch to Tier 2 visa as her current employer doesn't sponsor Tier 1 extension.
  
  - September 2013: She would have completed the "5 years" employment period and hopefully would qualify for ILR application.

Would you advise on:

• 1. Will she be eligible for ILR in September 2013?
  
  2. If not, please advise on when?

Thank you very much for your help

Regards, Conan

[cs95tdg]

• - September 2008: Started working under a work permit (5-year permit: 23/09/08 - 23/09/13).
  
  - January/February 2011: Was made redundant and had to leave the company by 28/02/2011 so she applied for the Tier 1 visa during Feb 2011.
  
  - March 2011: had her (now current) Tier 1 visa granted (from 21/03/2011 - 21/03/2013).
  
  - May 2013: She then received a job offer from (and ended up working for) the same employer but different department.
  
  - March 2013: her current Tier 1 visa expires and will have to switch to Tier 2 visa as her current employer doesn't sponsor Tier 1 extension.
  
  - September 2013: She would have completed the "5 years" employment period and hopefully would qualify for ILR application.

Would you advise on:

• 1. Will she be eligible for ILR in September 2013?

I don't see an issue in terms of the various immigration statuses she has held during the 5 year residence period. I.e. WP + T1G + T2G. Though you have made a statement that does not make sense: "March 2013: her current Tier 1 visa expires and will have to switch to Tier 2 visa as her current employer doesn't sponsor Tier 1 extension.". Tier 1 visas are not employer sponsored. All she would need to do, is qualify with the required points. Tier 2 visas however are bound to an employer.

That aside, if your wife meets all other requirements for ILR then she would be eligible to apply for ILR from upto 28 days before the 5th anniversary from either EC or date of first entry depending on whether her WP was issued in-country or whether she first entered the UK within 3 months of her WP EC.

[conan_hn]

I don't see an issue in terms of the various immigration statuses she has held during the 5 year residence period. I.e. WP + T1G + T2G. Though you have made a statement that does not make sense: "March 2013: her current Tier 1 visa expires and will have to switch to Tier 2 visa as her current employer doesn't sponsor Tier 1 extension.". Tier 1 visas are not employer sponsored. All she would need to do, is qualify with the required points. Tier 2 visas however are bound to an employer.

That aside, if your wife meets all other requirements for ILR then she would be eligible to apply for ILR from upto 28 days before the 5th anniversary from either EC or date of first entry depending on whether her WP was issued in-country or whether she first entered the UK within 3 months of her WP EC.

Hi cs95tdg, thank you very much for your reply.

Apologies for the confusion, what I meant to say was that her employer will only pay for Tier 2 application and not for Tier 1. If my wife was going to apply for Tier 1 extension, she would have to pay for it herself.

Thank you once again for your prompt response.

Regards,
Conan

[wpilr_nov12]

She would qualify, based purely on what you have given above, to apply for ILR in Sept 13, on either T2 or T1.

The documentary requirements to be met are slightly different for the two at the point of ILR application. However, whether to opt for T1 extension or switch to T2 in Mar13 depends on which route has a smoother transition/eligibility/approvability from her current position as T1.

Who pays for T1/T2 application could remain a secondary consideration.

[conan_hn]

Hello all,

My wife is due to apply for her ILR in August, we have a couple of questions please and would very much appreciate your help:

Below is a list of documents she is planning to submit:

• • Application form
  • Current passport
  • Current BRP
  • Bank statements (latest 3 months)
  • LiUK test pass letter
  • Letter from employer (confirming period of employment & requirement for on-going employment, nearest SOC code, current rate of pay and confirmation that this is above the appropriate rate)
  • Original payslips (latest 3 months)
  • Letter from employer confirming that copies of the payslips are of true originals.
  • Photocopies of the above

In addition, section 11P of the form states that:

For the period before you were granted leave as a Tier 2 migrant, documents showing you met the relevant requirements of the immigration rules for the period in questions as specified below

And because she was originally a work permit holder so.....

• If you were a work permit holder, documents confirming that you were in the employment for which a work permit was issued throughout the period concerned

Question: I guess the letter from her employer would suffice?


And because she was also a Tier 1 migrant so.....

• If you were a Tier 1 (General) migrant, evidence that you were economically active in the UK in employment or self-employment or both (see section 11L)

• Section 11L says: Evidence specified in section 9A of this form

• Section 9A says: Previous Earnings Assessment

Question: Does it mean that she would need to provide an additional 12 months’ payslips & bank statements for the period which she was claiming points for a single, consecutive 12 month period from the 15 months immediately before the date of her Tier 1 application?


Thank you very much for your help

[conan_hn]

Hello

Would someone please kindly help us answer our questions?

Thanks