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Need Help - ILR Different case

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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stanza123
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Posts: 47
Joined: Sat Jun 20, 2015 3:48 pm

Need Help - ILR Different case

Post by stanza123 » Sun Jun 21, 2015 2:53 pm

Hello

Need a help

My ILR date is on 1st August on Tier 2 General Route.

My Tier 2 General Visa Initial date is: 08-June-2010 and landed in uk on 17th June 2010.

I had some 256 days absences so I am eligible for ILR on 1st August 2015.

Tier 2 general Visa valid till: November 2016.

I have some Queries

1. My employer is not willing to provide me the letter since my assignment will get over by end of July 2015.Am I eligible to apply for the ILR?

2. Is there any other way that I can apply for my ILR?

3. If I submit the resignation Am I eligible to apply for ILR on 1st August 2015?

Thanks in Advance!!!

atrang
Newbie
Posts: 46
Joined: Mon Apr 29, 2013 3:53 pm

Re: Need Help - ILR Different case

Post by atrang » Mon Jun 22, 2015 3:05 pm

Is your leave a straight 250 days absence?
If it is not more than 180 days in any consecutive 1 year period, why do you think that you are eligible to apply in August?
The question remains same if the leave is continuously for 256 days.
If the leave is not more than 180 days, then you are eligible even now as per guidelines and should have already applied for ILR.
You can provide your payslips for last 1 year and if the employer is not willing to provide Letter of Absence, you can at least provide the evidence that you had requested for the same but the employer didn't provide any letter.
You don't need any other letter from employer as long as other supporting documents are available I think.

stanza123
Newbie
Posts: 47
Joined: Sat Jun 20, 2015 3:48 pm

Re: Need Help - ILR Different case

Post by stanza123 » Mon Jun 22, 2015 11:00 pm

Thanks atrang for reply.

yes My Absences are continuos 256 days adn I have splitted those in TWO consecutive years as follows.

Year 1: 01-08-2015 to 02-08-2014
Year 2: 01-08-2014 to 02-08-2013
Year 3: 01-08-2013 to 02-08-2012 (Absences: 02 August 2012 to 27th January 2013 in Total: 179 days)
Year 4: 01-08-2012 to 02-08-2011 (Absences: 16th May 2012 to 1st August 2012 in Total: 77 days)
Year 5: 01-08-2011 to 02-08-2010

Also I have

1. All the Payslips till date
2. All 5 Year P60's

Since I am in Tier 2 General , I hope Employer letter is must as per the below clause. Can some one suggest me about the Employer letter mandatory(I hope this letter contains Codes of Practice,etc). I am sure I will not get the letter from the Employer as my assignment is getting over by end of July 2015.

Any other ways that I can get my ILR?

245HF. Requirements for indefinite leave to remain as Tier 2 (General / Minister of Religion / Sportsperson) migrant wrote:
(d) The sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing that:
(i) he still requires the applicant for the employment in question, and
(ii) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UK Border Agency.

vinny
Moderator
Posts: 32996
Joined: Tue Sep 25, 2007 8:58 pm

Re: Need Help - ILR Different case

Post by vinny » Tue Jun 23, 2015 12:47 am

Convince your employer that you are irreplaceable and that he will be very lucky if he continues to employ you.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

stanza123
Newbie
Posts: 47
Joined: Sat Jun 20, 2015 3:48 pm

Re: Need Help - ILR Different case

Post by stanza123 » Tue Jun 23, 2015 12:33 pm

Thanks Vinny!!!

Tried all the ways with my Employer and unsuccessful.

Is there any way that I can get ILR through Curtailment?

ravi_ei
Member
Posts: 149
Joined: Thu Jul 17, 2014 2:04 pm

Re: Need Help - ILR Different case

Post by ravi_ei » Tue Jun 23, 2015 12:39 pm

One option is to switch job to a new employer...and agree with him to apply for ILR after 2-3 months...

sagareva
BANNED
Posts: 452
Joined: Fri Oct 07, 2011 6:49 pm
Location: London, United Kingdom

Re: Need Help - ILR Different case

Post by sagareva » Tue Jun 23, 2015 4:54 pm

stanza123 wrote:Thanks atrang for reply.

yes My Absences are continuos 256 days adn I have splitted those in TWO consecutive years as follows.

Year 1: 01-08-2015 to 02-08-2014
Year 2: 01-08-2014 to 02-08-2013
Year 3: 01-08-2013 to 02-08-2012 (Absences: 02 August 2012 to 27th January 2013 in Total: 179 days)
Year 4: 01-08-2012 to 02-08-2011 (Absences: 16th May 2012 to 1st August 2012 in Total: 77 days)
Year 5: 01-08-2011 to 02-08-2010

Also I have

1. All the Payslips till date
2. All 5 Year P60's

Since I am in Tier 2 General , I hope Employer letter is must as per the below clause. Can some one suggest me about the Employer letter mandatory(I hope this letter contains Codes of Practice,etc). I am sure I will not get the letter from the Employer as my assignment is getting over by end of July 2015.

Any other ways that I can get my ILR?

245HF. Requirements for indefinite leave to remain as Tier 2 (General / Minister of Religion / Sportsperson) migrant wrote:
(d) The sponsor that issued the Certificate of Sponsorship that led to the applicant's last grant of leave must certify in writing that:
(i) he still requires the applicant for the employment in question, and
(ii) his employer certifies that he is paid at or above the appropriate rate for the job as stated in the codes of practice for Tier 2 sponsors published by the UK Border Agency.

my friend
1. you are not calculating absences correctly days of departure and arrival back are NOT counted. are you counting them? because could then be 177
2. in any event, you may be able to apply 31st July
3. you DO need the employer letter and there is NO way around it. But you can ask them to give you the letter say on 1-2 July, when you WILL be still needed -- will they not give it to you? seems like it will be fair. then you go ahead and apply with it on the 31st of July while you are still employed.

all IMHO
PM me if in difficulty, this is a bit of a tricky one

anyway better apply earlier with excess of 180 days i Sheffield -- I had had sucessfull excess of 180 applications on t1G, i have to look into this but think t2 should also be possible -- all depending of course on reason for absences -- but it's better than ending up without the employer. get letter now.


i assume your salary levels are OK?
and you have got ICT based on an earlier application when ICT periods were still included?
**Please note, you can no longer contact me by PM because owners of this board accused me of using it to recruit clients, and disabled my ability to read and send PMs.**

stanza123
Newbie
Posts: 47
Joined: Sat Jun 20, 2015 3:48 pm

Re: Need Help - ILR Different case

Post by stanza123 » Tue Jun 23, 2015 5:28 pm

Hi sagareva,

Thank you for your suggestion.

Here are the dates of my long absences:
16/05/2012 to 28/01/2013 


I hope I have calculated correctly. I have excluded 16th May 2012 and 28th Jan 2013 and splitted.

Year 1: 01-08-2015 to 02-08-2014
Year 2: 01-08-2014 to 02-08-2013
Year 3: 01-08-2013 to 02-08-2012 (Absences: 02 August 2012 to 27th January 2013 in Total: 179 days)
Year 4: 01-08-2012 to 02-08-2011 (Absences: 16th May 2012 to 1st August 2012 in Total: 77 days)
Year 5: 01-08-2011 to 02-08-2010


second thing is: my salary levels are good and above the required standards say 52k per anum.

Once again I will try to ask my Employer for the letter.

If the Employer gives the letter till end of July 2015 ...will this suffice?

stanza123
Newbie
Posts: 47
Joined: Sat Jun 20, 2015 3:48 pm

Re: Need Help - ILR Different case

Post by stanza123 » Fri Jun 26, 2015 10:57 am

Dear Friends/Wellwishers/Gurus/Seniors/Moderators,

I have tried to convince for the letter..but my employer is saying no to the letter.

Can some one suggest

1. If I resign , I will be eligible for curtailment leave. During Curtailment leave Am I eligible to apply ILR?
2. If I am eligible for ILR, Is still some letter required?
3. One of the employer is ready to offer and they are not ready to sponser. Is COS mandatory during my curtailment leave to apply ILR?

Thanks in Advance

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