Tier 2 General - Application date for ILR

[NeelP]

Hi All,

I have recently switched employers and moved over to Tier 2 General from Tier 2 ICT

Tier 2 ICT Application date: 31 Mar 2010 (Entry clearance 21 May 2010) -
Tier 2 General Switch - 30 Oct 2014 - Valid up to Oct 2019.

Can someone help me to determine:

When can I apply for the ILR at the earliest (28 days before the application date - i.e. 3 March 2015 onward?)
Do I need any communication from my previous employer (Tier 2 ICT Sponsor) while applying? Or just a reference letter in standardized format from present employer will suffice?

As an aside, in my experience, when it comes to Tier 2 application rules, quite a few immigration "consultants" seem to know very little. This forum has proved far more helpful than my attempts of seeking professional help in this aspect.

Many Thanks,
N.

[manci]

Hi All,

I have recently switched employers and moved over to Tier 2 General from Tier 2 ICT

Tier 2 ICT Application date: 31 Mar 2010 (Entry clearance 21 May 2010) -
are you sure of the application date which is the date when you paid the visa fee?
when did you land in the UK?
Tier 2 General Switch - 30 Oct 2014 - Valid up to Oct 2019.

Can someone help me to determine:

When can I apply for the ILR at the earliest (28 days before the application date - i.e. 3 March 2015 onward?)
Do I need any communication from my previous employer (Tier 2 ICT Sponsor) while applying? Or just a reference letter in standardized format from present employer will suffice?
you'll need letters from both employers detailing the purpose and periods of all your absences - see Immigration Rule 245HF-SD/B

As an aside, in my experience, when it comes to Tier 2 application rules, quite a few immigration "consultants" seem to know very little. This forum has proved far more helpful than my attempts of seeking professional help in this aspect.

Many Thanks,
N.

[NeelP]

Hi Manci,

Thank you for your reply.

Tier 2 ICT Application date: 31 Mar 2010 (Entry clearance 21 May 2010) -
are you sure of the application date which is the date when you paid the visa fee?
when did you land in the UK?
Yes, I have a mail stating from VFS in India on the same day that they have sent my application to British High Commission on 31st March with Application Reference Number. I entered UK on 21 May 2010.

Can someone help me to determine:

When can I apply for the ILR at the earliest (28 days before the application date - i.e. 3 March 2015 onward?)
Do I need any communication from my previous employer (Tier 2 ICT Sponsor) while applying? Or just a reference letter in standardized format from present employer will suffice?
you'll need letters from both employers detailing the purpose and periods of all your absences - see Immigration Rule 245HF-SD/B
Since I do not work for this employer anymore, is there any other acceptable way to provide this information (i.e. immigration departure and entry stamps on passport) etc? I have the general reference and resignation confirmation letter from the previous employer. I am not sure how co-operative the HR function will be considering I am not longer working with them.

[manci]

Hi Manci,

Thank you for your reply.

Tier 2 ICT Application date: 31 Mar 2010 (Entry clearance 21 May 2010) -
are you sure of the application date which is the date when you paid the visa fee?
when did you land in the UK?
Yes, I have a mail stating from VFS in India on the same day that they have sent my application to British High Commission on 31st March with Application Reference Number. I entered UK on 21 May 2010.

Can someone help me to determine:

When can I apply for the ILR at the earliest (28 days before the application date - i.e. 3 March 2015 onward?)
Do I need any communication from my previous employer (Tier 2 ICT Sponsor) while applying? Or just a reference letter in standardized format from present employer will suffice?
you'll need letters from both employers detailing the purpose and periods of all your absences - see Immigration Rule 245HF-SD/B
Since I do not work for this employer anymore, is there any other acceptable way to provide this information (i.e. immigration departure and entry stamps on passport) etc? I have the general reference and resignation confirmation letter from the previous employer. I am not sure how co-operative the HR function will be considering I am not longer working with them.
list the purpose and duration of your absences, incl. annual holidays, then send it to HR with a request for confirmation. Keep a copy of your letter. It would make matters simpler if they did confirm.

[NeelP]

Hi Community members:

I am now ready to apply for the ILR with most supporting documents in hand. I have a couple of questions and hope I can get some guidance on that.

My wife (currently T2G dependent) applied for the visa same time as me (Application date 31 March, 2010). However, she travelled back to India for delivery of our child in March 2014 and has recently returned with our son (Total absence = 11 months). My understanding is that she will not be eligible for ILR with me at this point due to this fact.

My question is if I apply for ILR would she and my son continue to remain as T2G dependent or her VISA status need to change as well? If yes, would they need to apply along with me for this change?

Thank you,
N.

[NeelP]

Hi Experts,

Can someone please take a look at above and advise?

Thanks,
N.

[manci]

Hi Experts,

Can someone please take a look at above and advise?
read this post:
http://www.immigrationboards.com/indefi ... ml#p482146
Thanks,
N.

[NeelP]

Hi Manci,

Thank you for the note. The home office guidance (and the thread) mentions below:

Eligibility for partners

Your partner may qualify if all of the following apply:

they have permission to be in the UK as your partner
they’ve been living in the UK with you for at least 2 years if they applied before 9 July 2012 or 5 years if they applied on or after 9 July 2012

So for 2 years applicability - does this mean when my partner first applied for entry clearance in UK (with me in 2010) or at the time of application?

Thanks,
N.

[manci]

So for 2 years applicability - does this mean when my partner first applied for entry clearance in UK (with me in 2010) or at the time of application?
this is unclear, when did your partner first apply to be your dependant?
Thanks,
N.

[NeelP]

Hi Manci,

We applied together (Me being the main applicant - T2 ICT) and her as a dependent in March 2010. So From 2010 - March 2014 she was in the UK. She left for delivery of our child in April 2014 and returned in Feb 2015. Her bank statements and Salary slips during the above period are available to prove the cohabitation if required.

Would those 4 years (2010-2014) count as part of the 2 years cohabitation requirement?

Thank you,
N.

[manci]

if she has had continuous leave as your partner since 2010 IMHO she is eligible to apply with you for ILR irrespective of the 10 month absence